HB 1615

1	A bill to be entitled
2	An act relating to guardianship; amending s. 744.102,
3	F.S.; defining the terms "audit" and "surrogate guardian";
4	amending s. 744.1083, F.S.; providing that the Statewide
5	Public Guardianship Office need not review credit and
6	criminal investigations from a college or university
7	before registering the institution as a professional
8	guardian; amending s. 744.301, F.S.; providing that in the
9	event of death, the surviving parent is the sole natural
10	guardian of a minor; prohibiting a natural guardian from
11	using the property of the ward for the guardian's benefit
12	without a court order; creating s. 744.3025, F.S.;
13	authorizing a court to appoint a guardian ad litem to
14	represent a minor's interest in certain claims that exceed
15	a specified amount; requiring a court to appoint a
16	guardian ad litem to represent a minor's interest in
17	certain claims that exceed a specified amount; providing
18	that a court need not appoint a guardian ad litem under
19	certain circumstances; requiring a court to award
20	reasonable fees and costs to the guardian ad litem;
21	amending s. 744.3031, F.S.; increasing the time an
22	emergency temporary guardian may serve to 90 days;
23	authorizing an extension; requiring an emergency temporary
24	guardian to file a final report; providing for the
25	contents of the final report; amending s. 744.304, F.S.;
26	specifying the persons who may file a petition for a
27	standby guardian; requiring that notice of the appointment
28	hearing be served on the ward's next of kin; clarifying
29	when a standby guardian may assume the duties of guardian;
30	requiring that each standby guardian submit to credit and
31	criminal background checks; amending s. 744.3115, F.S.;
32	providing a definition; amending s. 744.3135, F.S.;
33	providing procedures for completing a guardians' criminal
34	background investigation; authorizing a guardian to use
35	inkless electronic fingerprinting equipment that is
36	available for background investigations of public
37	employees; providing that a guardian need not be
38	rescreened if he or she uses certain inkless electronic
39	fingerprinting equipment; requiring the Statewide Public
40	Guardianship Office to adopt a rule for credit
41	investigations of guardians; amending s. 744.3145, F.S.;
42	reducing the time in which a guardian must complete the
43	education courses from 1 year to 4 months; amending s.
44	744.3215, F.S.; providing that an incapacitated person
45	retains the right to receive necessary services and
46	rehabilitation necessary to maximize the quality of the
47	person's life; amending s. 744.331, F.S.; requiring that
48	the court appoint an attorney from a specified registry;
49	requiring attorneys to complete certain training programs;
50	providing that a member of the examining committee may not
51	be related to or associated with certain persons;
52	prohibiting a person who served on an examining committee
53	from being appointed as the guardian; requiring each
54	member of an examining committee to file an affidavit
55	stating that he or she has completed the mandatory
56	training; providing for training programs; requiring each
57	member to report the time and date that he or she examined
58	the person alleged to be incapacitated; providing for an
59	award of attorney's fees; amending s. 744.341, F.S.;
60	requiring the voluntary guardian to include certain
61	information in the annual report; requiring that certain
62	specified information be included in the notice to
63	terminate a voluntary guardianship; amending s. 744.361,
64	F.S.; requiring a professional guardian to ensure that
65	each of his or her wards is personally visited at least
66	quarterly; providing for the assessment of certain
67	conditions during the personal visit; amending s. 744.365,
68	F.S.; requiring that the verified inventory include
69	information on any trust to which a ward is a beneficiary;
70	amending s. 744.367, F.S.; requiring that the annual
71	report of the guardian be filed on or before a specified
72	date; amending s. 744.3675, F.S.; requiring that the
73	annual guardianship plan include information on the mental
74	condition of the ward; providing for an annual
75	guardianship plan for wards who are minors; amending s.
76	744.3678, F.S.; providing that property of the ward which
77	is not under the control of the guardian, including
78	certain trusts, is not subject to annual accounting;
79	requiring certain documentation for the annual accounting;
80	amending s. 744.3679, F.S.; removing a provision
81	prohibiting the clerk of court from having responsibility
82	for monitoring or auditing accounts in certain cases;
83	amending s. 744.368, F.S.; requiring that the verified
84	inventory and the accountings be audited within a
85	specified time period; amending s. 744.441, F.S.;
86	requiring the court to retain oversight for assets of a
87	ward transferred to a trust; creating s. 744.442, F.S.;
88	providing that a guardian may designate a surrogate
89	guardian to exercise the powers of the guardian if the
90	guardian is unavailable to act; requiring the surrogate
91	guardian to be a professional guardian; providing the
92	procedures to be used in appointing a surrogate guardian;
93	providing the duties of a surrogate guardian; requiring
94	the guardian to be liable for the acts of the surrogate
95	guardian; authorizing the guardian to terminate the
96	services of the surrogate guardian by filing a written
97	notice of the termination with the court; amending s.
98	744.464, F.S.; removing the state attorney from the list
99	of persons to be served a notice of a hearing on
100	restoration of capacity; removing a time limitation on the
101	filing of a suggestion of capacity; amending s. 744.511,
102	F.S.; providing that a ward who is a minor need not be
103	served with the final report of a removed guardian;
104	amending s. 744.527, F.S.; providing that final reports
105	for a deceased ward be filed at a specified time; amending
106	s. 744.528, F.S.; providing for a notice of the hearing
107	for objections to a report filed by a guardian; amending
108	s. 744.708, F.S.; requiring a public guardian to ensure
109	that each of his or her wards is personally visited at
110	least quarterly; providing for the assessment of certain
111	conditions during the personal visit; amending s. 765.101,
112	F.S.; redefining the term "health care decision" to
113	include informed consent for mental health treatment
114	services; amending s. 28.345, F.S.; exempting a public
115	guardian from paying court-related fees and charges;
116	amending ss. 121.091, 709.08, and 744.1085, F.S.;
117	conforming cross references; reenacting s. 117.107(4),
118	F.S., relating to prohibited acts of a notary public, to
119	incorporate the amendment made to s. 744.3215, F.S., in a
120	reference thereto; amending s. 318.18, F.S.; authorizing a
121	county to impose a surcharge on certain civil penalties to
122	fund local participation in the public guardianship
123	program; prescribing prerequisites for imposing the
124	surcharge; providing a limit on the surcharge; creating s.
125	938.065, F.S.; requiring that a specified surcharge be
126	assessed against all misdemeanor offenses; providing that
127	the clerk of the court may retain a service charge;
128	directing that the funds collected be used to fund public
129	guardianship programs; providing an effective date.
130
131	Be It Enacted by the Legislature of the State of Florida:
132
133	Section 1.  Section 744.102, Florida Statutes, is amended
134	to read:
135	744.102  Definitions.--As used in this chapter, the term:
136	(1)  "Attorney for the alleged incapacitated person" means
137	an attorney who represents the alleged incapacitated person. The
138	Such attorney shall represent the expressed wishes of the
139	alleged incapacitated person to the extent it is consistent with
140	the rules regulating The Florida Bar.
141	(2)  "Audit" means a systematic review of financial
142	documents with adherence to generally accepted auditing
143	standards.
144	(3)(2)  "Clerk" means the clerk or deputy clerk of the
145	court.
146	(4)(3)  "Corporate guardian" means a corporation authorized
147	to exercise fiduciary or guardianship powers in this state and
148	includes a nonprofit corporate guardian.
149	(5)(4)  "Court" means the circuit court.
150	(6)(5)  "Court monitor" means a person appointed by the
151	court under pursuant to s. 744.107 to provide the court with
152	information concerning a ward.
153	(7)(6)  "Estate" means the property of a ward subject to
154	administration.
155	(8)(7)  "Foreign guardian" means a guardian appointed in
156	another state or country.
157	(9)(8)  "Guardian" means a person who has been appointed by
158	the court to act on behalf of a ward's person or property, or
159	both.
160	(a)  "Limited guardian" means a guardian who has been
161	appointed by the court to exercise the legal rights and powers
162	specifically designated by court order entered after the court
163	has found that the ward lacks the capacity to do some, but not
164	all, of the tasks necessary to care for his or her person or
165	property, or after the person has voluntarily petitioned for
166	appointment of a limited guardian.
167	(b)  "Plenary guardian" means a person who has been
168	appointed by the court to exercise all delegable legal rights
169	and powers of the ward after the court has found that the ward
170	lacks the capacity to perform all of the tasks necessary to care
171	for his or her person or property.
172	(10)(9)  "Guardian ad litem" means a person who is
173	appointed by the court having jurisdiction of the guardianship
174	or a court in which a particular legal matter is pending to
175	represent a ward in that proceeding.
176	(11)(10)  "Guardian advocate" means a person appointed by a
177	written order of the court to represent a person with
178	developmental disabilities under s. 393.12. As used in this
179	chapter, the term does not apply to a guardian advocate
180	appointed for a person determined incompetent to consent to
181	treatment under s. 394.4598.
182	(12)(11)  "Incapacitated person" means a person who has
183	been judicially determined to lack the capacity to manage at
184	least some of the property or to meet at least some of the
185	essential health and safety requirements of the such person.
186	(a)  To "manage property" means to take those actions
187	necessary to obtain, administer, and dispose of real and
188	personal property, intangible property, business property,
189	benefits, and income.
190	(b)  To "meet essential requirements for health or safety"
191	means to take those actions necessary to provide the health
192	care, food, shelter, clothing, personal hygiene, or other care
193	without which serious and imminent physical injury or illness is
194	more likely than not to occur.
195	(13)(12)  "Minor" means a person under 18 years of age
196	whose disabilities have not been removed by marriage or
197	otherwise.
198	(14)(13)  "Next of kin" means those persons who would be
199	heirs at law of the ward or alleged incapacitated person if the
200	such person were deceased and includes the lineal descendants of
201	the such ward or alleged incapacitated person.
202	(15)(14)  "Nonprofit corporate guardian" means a nonprofit
203	corporation organized for religious or charitable purposes and
204	existing under the laws of this state.
205	(16)(15)  "Preneed guardian" means a person named in a
206	written declaration to serve as guardian in the event of the
207	incapacity of the declarant as provided in s. 744.3045.
208	(17)(16)  "Professional guardian" means any guardian who
209	receives or has at any time received compensation for services
210	rendered services to three or more than two wards as their
211	guardian. A person serving as a guardian for two or more
212	relatives as defined in s. 744.309(2) is not considered a
213	professional guardian. A public guardian shall be considered a
214	professional guardian for purposes of regulation, education, and
215	registration.
216	(18)(17)  "Property" means both real and personal property
217	or any interest in it and anything that may be the subject of
218	ownership.
219	(19)(18)  "Standby guardian" means a person empowered to
220	assume the duties of guardianship upon the death or adjudication
221	of incapacity of the last surviving natural or appointed
222	guardian.
223	(20)  "Surrogate guardian" means a guardian designated
224	according to s. 744.442.
225	(21)(19)  "Totally incapacitated" means incapable of
226	exercising any of the rights enumerated in s. 744.3215(2) and
227	(3).
228	(22)(20)  "Ward" means a person for whom a guardian has
229	been appointed.
230	Section 2.  Subsection (10) of section 744.1083, Florida
231	Statutes, is amended to read:
232	744.1083  Professional guardian registration.--
233	(10)  A state college or university or an independent
234	college or university described in s. 1009.98(3)(a), may, but is
235	not required to, register as a professional guardian under this
236	section. If a state college or university or independent college
237	or university elects to register as a professional guardian
238	under this subsection, the requirements of subsections (3) and
239	(4) subsection (3) do not apply and the registration must
240	include only the name, address, and employer identification
241	number of the registrant.
242	Section 3.  Section 744.301, Florida Statutes, is amended
243	to read:
244	744.301  Natural guardians.--
245	(1)  The mother and father jointly are natural guardians of
246	their own children and of their adopted children, during
247	minority.  If one parent dies, the surviving parent remains the
248	sole natural guardian even if he or she the natural guardianship
249	shall pass to the surviving parent, and the right shall continue
250	even though the surviving parent remarries. If the marriage
251	between the parents is dissolved, the natural guardianship
252	belongs shall belong to the parent to whom the custody of the
253	child is awarded. If the parents are given joint custody, then
254	both shall continue as natural guardians.  If the marriage is
255	dissolved and neither the father nor the mother is given custody
256	of the child, neither shall act as natural guardian of the
257	child.  The mother of a child born out of wedlock is the natural
258	guardian of the child and is entitled to primary residential
259	care and custody of the child unless a court of competent
260	jurisdiction enters an order stating otherwise.
261	(2)  The Natural guardian or guardians are authorized, on
262	behalf of any of their minor children, to settle and consummate
263	a settlement of any claim or cause of action accruing to any of
264	their minor children for damages to the person or property of
265	any of said minor children and to collect, receive, manage, and
266	dispose of the proceeds of any such settlement and of any other
267	real or personal property distributed from an estate or trust or
268	proceeds from a life insurance policy to, or otherwise accruing
269	to the benefit of, the child during minority, when the amounts
270	received, in the aggregate, do amount involved in any instance
271	does not exceed $15,000, without appointment, authority, or
272	bond.
273	(3)  All instruments executed by a natural guardian for the
274	benefit of the ward under the powers specified provided for in
275	subsection (2) shall be binding on the ward. The natural
276	guardian may not, without a court order, use the property of the
277	ward for the guardian's benefit or to satisfy the guardian's
278	support obligation to the ward.
279	(4)(a)  In any case where a minor has a claim for personal
280	injury, property damage, or wrongful death in which the gross
281	settlement for the claim of the minor exceeds $15,000, the court
282	may, prior to the approval of the settlement of the minor's
283	claim, appoint a guardian ad litem to represent the minor's
284	interests. In any case in which the gross settlement involving a
285	minor equals or exceeds $25,000, the court shall, prior to the
286	approval of the settlement of the minor's claim, appoint a
287	guardian ad litem to represent the minor's interests. The
288	appointment of the guardian ad litem must be without the
289	necessity of bond or a notice. The duty of the guardian ad litem
290	is to protect the minor's interests. The procedure for carrying
291	out that duty is as prescribed in the Florida Probate Rules.  If
292	a legal guardian of the minor has previously been appointed and
293	has no potential adverse interest to the minor, the court may
294	not appoint a guardian ad litem to represent the minor's
295	interests, unless the court determines that the appointment is
296	otherwise necessary.
297	(b)  Unless waived, the court shall award reasonable fees
298	and costs to the guardian ad litem to be paid out of the gross
299	proceeds of the settlement.
300	Section 4.  Section 744.3025, Florida Statutes, is created
301	to read:
302	744.3025  Claims of minors.--
303	(1)(a)  The court may appoint a guardian ad litem to
304	represent the minor's interest before approving a settlement of
305	the minor's portion of the claim in any case in which a minor
306	has a claim for personal injury, property damage, wrongful
307	death, or other cause of action in which the gross settlement of
308	the claim exceeds $15,000.
309	(b)  The court shall appoint a guardian ad litem to
310	represent the minor's interest before approving a settlement of
311	the minor's claim in any case in which the gross settlement
312	involving a minor equals or exceeds $50,000.
313	(c)  The appointment of the guardian ad litem must be
314	without the necessity of bond or notice.
315	(d)  The duty of the guardian ad litem is to protect the
316	minor's interests as described in the Florida Probate Rules.
317	(e)  A court need not appoint a guardian ad litem for the
318	minor if a guardian of the minor has previously been appointed
319	and that guardian has no potential adverse interest to the
320	minor. A court may appoint a guardian ad litem if the court
321	believes a guardian ad litem is necessary to protect the
322	interests of the minor.
323	(2)  Unless waived, the court shall award reasonable fees
324	and costs to the guardian ad litem to be paid out of the gross
325	proceeds of the settlement.
326	Section 5.  Subsection (3) of section 744.3031, Florida
327	Statutes, is amended, and subsection (8) is added to said
328	section, to read:
329	744.3031  Emergency temporary guardianship.--
330	(3)  The authority of an emergency temporary guardian
331	expires 90 60 days after the date of appointment or when a
332	guardian is appointed, whichever occurs first.  The authority of
333	the emergency temporary guardian may be extended for an
334	additional 90 30 days upon a showing that the emergency
335	conditions still exist.
336	(8)(a)  An emergency temporary guardian shall file a final
337	report no later than 30 days after the expiration of the
338	emergency temporary guardianship.
339	(b)  An emergency temporary guardian is a guardian for the
340	property. The final report must consist of a verified inventory
341	of the property, as provided in s. 744.365, as of the date the
342	letters of emergency temporary guardianship were issued, a final
343	accounting that gives a full and correct account of the receipts
344	and disbursements of all the property of the ward over which the
345	guardian had control, and a statement of the property of the
346	ward on hand at the end of the emergency temporary guardianship.
347	If the emergency temporary guardian becomes the successor
348	guardian of the property, the final report must satisfy the
349	requirements of the initial guardianship report for the guardian
350	of the property as provided in s. 744.362.
351	(c)  If the emergency temporary guardian is a guardian of
352	the person, the final report must summarize the activities of
353	the temporary guardian with regard to residential placement,
354	medical condition, mental health and rehabilitative services,
355	and the social condition of the ward to the extent of the
356	authority granted to the temporary guardian in the letters of
357	guardianship. If the emergency temporary guardian becomes the
358	successor guardian of the person, the report must satisfy the
359	requirements of the initial report for a guardian of the person
360	as stated in s. 744.362.
361	(d)  A copy of the final report of the emergency temporary
362	guardianship shall be served on the successor guardian and the
363	ward.
364	Section 6.  Section 744.304, Florida Statutes, is amended
365	to read:
366	744.304  Standby guardianship.--
367	(1)  Upon a petition by the natural guardians or a guardian
368	appointed under s. 744.3021, the court may appoint a standby
369	guardian of the person or property of a minor or consent of both
370	parents, natural or adoptive, if living, or of the surviving
371	parent, a standby guardian of the person or property of a minor
372	may be appointed by the court. The court may also appoint an
373	alternate to the guardian to act if the standby guardian does
374	not serve or ceases to serve after appointment. Notice of a
375	hearing on the petition must be served on the parents, natural
376	or adoptive, and on any guardian currently serving unless the
377	notice is waived in writing by them or waived by the court for
378	good cause shown shall renounce, die, or become incapacitated
379	after the death of the last surviving parent of the minor.
380	(2)  Upon petition of a currently serving guardian, a
381	standby guardian of the person or property of an incapacitated
382	person may be appointed by the court. Notice of the hearing
383	shall be served on the ward's next of kin.
384	(3)  The standby guardian or alternate shall be empowered
385	to assume the duties of guardianship his or her office
386	immediately on the death, removal, or resignation of the
387	guardian of a minor, or on the death or adjudication of
388	incapacity of the last surviving natural guardian or adoptive
389	parent of a minor, or upon the death, removal, or resignation of
390	the guardian for an adult. The; however, such a guardian of the
391	ward's property may not be empowered to deal with the ward's
392	property, other than to safeguard it, before prior to issuance
393	of letters of guardianship.  If the ward incapacitated person is
394	over the age of 18 years, the court shall conduct a hearing as
395	provided in s. 744.331 before confirming the appointment of the
396	standby guardian, unless the ward has previously been found to
397	be incapacitated.
398	(4)  Within 20 days after assumption of duties as guardian,
399	a standby guardian shall petition for confirmation of
400	appointment.  If the court finds the standby guardian to be
401	qualified to serve as guardian under pursuant to ss. 744.309 and
402	744.312, appointment of the guardian must be confirmed. Each
403	guardian so confirmed shall file an oath in accordance with s.
404	744.347, and shall file a bond, and shall submit to a credit and
405	criminal investigation as set forth in s. 744.3135, if required.
406	Letters of guardianship must then be issued in the manner
407	provided in s. 744.345.
408	(5)  After the assumption of duties by a standby guardian,
409	the court shall have jurisdiction over the guardian and the
410	ward.
411	Section 7.  Section 744.3115, Florida Statutes, is amended
412	to read:
413	744.3115  Advance directives for health care.--In each
414	proceeding in which a guardian is appointed under this chapter,
415	the court shall determine whether the ward, prior to incapacity,
416	has executed any valid advance directive under pursuant to
417	chapter 765. If any such advance directive exists, the court
418	shall specify in its order and letters of guardianship what
419	authority, if any, the guardian shall exercise over the
420	surrogate. Pursuant to the grounds listed in s. 765.105, the
421	court, upon its own motion, may, with notice to the surrogate
422	and any other appropriate parties, modify or revoke the
423	authority of the surrogate to make health care decisions for the
424	ward. For purposes of this section, the term "health care
425	decision" has the same meaning as in s. 765.101.
426	Section 8.  Section 744.3135, Florida Statutes, is amended
427	to read:
428	744.3135  Credit and criminal investigation.--
429	(1)  The court may require a nonprofessional guardian and
430	shall require a professional or public guardian, and all
431	employees of a professional guardian who have a fiduciary
432	responsibility to a ward, to submit, at their own expense, to an
433	investigation of the guardian's credit history and to undergo
434	level 2 background screening as required under s. 435.04. If a
435	credit or criminal investigation is required, the court must
436	consider the results of any investigation before appointing a
437	guardian. At any time, the court may require a guardian or the
438	guardian's employees to submit to an investigation of the
439	person's credit history and complete a level 1 background
440	screening as set forth in s. 435.03. The court shall consider
441	the results of any investigation when reappointing a guardian.
442	The clerk of the court shall maintain a file on each guardian
443	appointed by the court and retain in the file documentation of
444	the result of any investigation conducted under this section. A
445	professional guardian must pay the clerk of the court a fee of
446	up to $7.50 for handling and processing professional guardian
447	files.
448	(2)  The court and the Statewide Public Guardianship Office
449	shall accept the satisfactory completion of a criminal
450	background investigation by any method described in this
451	subsection. A guardian satisfies the requirements of this
452	section by undergoing:
453	(a)  An inkless electronic fingerprint criminal background
454	investigation. A guardian may use any inkless electronic
455	fingerprinting equipment used for criminal background
456	investigations of public employees. The guardian shall pay the
457	actual costs incurred by the Federal Bureau of Investigation or
458	the Department of Law Enforcement for the criminal background
459	investigation. The agency that operates the equipment used by
460	the guardian may charge the guardian an additional fee, not to
461	exceed $10, for the use of the equipment. The agency completing
462	the investigation must immediately send the results of the
463	criminal background investigation to the clerk of the court and
464	the Statewide Public Guardianship Office. The clerk of the court
465	shall maintain the results in the guardian's file and shall make
466	the results available to the court; or
467	(b)  A criminal background investigation using a
468	fingerprint card. The clerk of the court shall obtain
469	fingerprint cards from the Federal Bureau of Investigation and
470	make them available to guardians. Any guardian who is so
471	required shall have his or her fingerprints taken and forward
472	the proper fingerprint card along with the necessary fee to the
473	Florida Department of Law Enforcement for processing. The
474	professional guardian shall pay to the clerk of the court a fee
475	of up to $7.50 for handling and processing professional guardian
476	files. The results of the fingerprint card background
477	investigations checks shall be forwarded to the clerk of the
478	court who shall maintain the results in the guardian's a
479	guardian file and shall make the results available to the court
480	and the Statewide Public Guardianship Office. A professional
481	guardian and each employee of a professional guardian who has a
482	fiduciary responsibility to a ward must complete, at his or her
483	own expense, a level 1 background screening as set forth in s.
484	435.03 before and at least once every 2 years after the date the
485	guardian is appointed. However, a person is not required to
486	undergo a criminal background investigation if he or she has
487	been screened using inkless electronic fingerprinting equipment
488	that is capable of notifying the clerk of the court and the
489	Statewide Public Guardianship Office of any crime charged
490	against the person.
491	(3)(a)  A professional guardian and each employee of a
492	professional guardian who has a fiduciary responsibility to a
493	ward must complete, at the person's own expense, an
494	investigation of the credit history of the person before and at
495	least once every 2 years after the date of the guardian's
496	appointment.
497	(b)  The Statewide Public Guardianship Office shall adopt a
498	rule detailing the acceptable methods for completing a credit
499	investigation under this section. If appropriate, the Statewide
500	Public Guardianship Office may administer credit investigations.
501	If the office chooses to administer the credit investigation,
502	the office may adopt a rule setting a fee, not to exceed $25, to
503	reimburse the costs associated with the administration of a
504	credit investigation.
505	(4)  The Statewide Public Guardianship Office may inspect
506	at any time the results of any credit or criminal investigation
507	of a public or professional guardian conducted under this
508	section. The office shall maintain copies of the credit or
509	criminal results in the guardian's registration file. If the
510	results of a credit or criminal investigation of a public or
511	professional guardian have not been forwarded to the Statewide
512	Public Guardianship Office by the investigating agency, the
513	clerk of the court shall forward copies of the results of the
514	investigations to the office upon receiving them. If credit or
515	criminal investigations are required, the court must consider
516	the results of the investigations before appointing a guardian.
517	Professional guardians and all employees of a professional
518	guardian who have a fiduciary responsibility to a ward, so
519	appointed, must resubmit, at their own expense, to an
520	investigation of credit history, and undergo level 1 background
521	screening as required under s. 435.03, at least every 2 years
522	after the date of their appointment. At any time, the court may
523	require guardians or their employees to submit to an
524	investigation of credit history and undergo level 1 background
525	screening as required under s. 435.03. The court must consider
526	the results of these investigations in reappointing a guardian.
527	(1)  Upon receiving the results of a credit or criminal
528	investigation of any public or professional guardian, the clerk
529	of the court shall forward copies of the results to the
530	Statewide Public Guardianship Office in order that the results
531	may be maintained in the guardian's registration file.
532	(5)(2)  The requirements of this section do does not apply
533	to a professional guardian, or to the employees of a
534	professional guardian, that which is a trust company, a state
535	banking corporation or state savings association authorized and
536	qualified to exercise fiduciary powers in this state, or a
537	national banking association or federal savings and loan
538	association authorized and qualified to exercise fiduciary
539	powers in this state.
540	Section 9.  Subsection (4) of section 744.3145, Florida
541	Statutes, is amended to read:
542	744.3145  Guardian education requirements.--
543	(4)  Each person appointed by the court to be a guardian
544	must complete the required number of hours of instruction and
545	education within 4 months 1 year after his or her appointment as
546	guardian. The instruction and education must be completed
547	through a course approved by the chief judge of the circuit
548	court and taught by a court-approved organization. Court-
549	approved organizations may include, but are not limited to,
550	community or junior colleges, guardianship organizations, and
551	the local bar association or The Florida Bar.
552	Section 10.  Paragraph (i) of subsection (1) and subsection
553	(2) of section 744.3215, Florida Statutes, are amended to read:
554	744.3215  Rights of persons determined incapacitated.--
555	(1)  A person who has been determined to be incapacitated
556	retains the right:
557	(i)  To receive necessary services and rehabilitation
558	necessary to maximize the quality of life.
559	(2)  Rights that may be removed from a person by an order
560	determining incapacity but not delegated to a guardian include
561	the right:
562	(a)  To marry. If the right to enter into a contract has
563	been removed, the right to marry is subject to court approval.
564	(b)  To vote.
565	(c)  To personally apply for government benefits.
566	(d)  To have a driver's license.
567	(e)  To travel.
568	(f)  To seek or retain employment.
569	Section 11.  Subsections (2), (3), and (7) of section
570	744.331, Florida Statutes, are amended to read:
571	744.331  Procedures to determine incapacity.--
572	(2)  ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.--
573	(a)  When a court appoints an attorney for an alleged
574	incapacitated person, the court must appoint an attorney who is
575	included in the attorney registry compiled by the circuit's
576	Article V indigent services committee. Appointments must be made
577	on a rotating basis, taking into consideration conflicts arising
578	under this chapter.
579	(b)(a)  The court shall appoint an attorney for each person
580	alleged to be incapacitated in all cases involving a petition
581	for adjudication of incapacity.  The alleged incapacitated
582	person may substitute her or his own attorney for the attorney
583	appointed by the court, subject to court approval.
584	(c)(b)  Any attorney representing an alleged incapacitated
585	person may not serve as guardian of the alleged incapacitated
586	person or as counsel for the guardian of the alleged
587	incapacitated person or the petitioner.
588	(d)  Effective January 1, 2006, an attorney seeking to be
589	appointed by a court for incapacity and guardianship proceedings
590	must have completed a minimum of 8 hours of education in
591	guardianship. A court may waive the initial training requirement
592	for an attorney who has served as a court-appointed attorney in
593	incapacity proceedings or as an attorney of record for guardians
594	for not less than 3 years.
595	(3)  EXAMINING COMMITTEE.--
596	(a)  Within 5 days after a petition for determination of
597	incapacity has been filed, the court shall appoint an examining
598	committee consisting of three members. One member must be a
599	psychiatrist or other physician.  The remaining members must be
600	either a psychologist, gerontologist, another psychiatrist, or
601	other physician, a registered nurse, nurse practitioner,
602	licensed social worker, a person with an advanced degree in
603	gerontology from an accredited institution of higher education,
604	or other person who by knowledge, skill, experience, training,
605	or education may, in the court's discretion, advise the court in
606	the form of an expert opinion, including a professional
607	guardian. One of three members of the committee must have
608	knowledge of the type of incapacity alleged in the petition.
609	Unless good cause is shown, the attending or family physician
610	may not be appointed to the committee.  If the attending or
611	family physician is available for consultation, the committee
612	must consult with the physician. Members of the examining
613	committee may not be related to or associated with one another,
614	or with the petitioner, with counsel for the petitioner or the
615	proposed guardian, or with the person alleged to be totally or
616	partially incapacitated.  A member may not be employed by any
617	private or governmental agency that has custody of, or
618	furnishes, services or subsidies, directly or indirectly, to the
619	person or the family of the person alleged to be incapacitated
620	or for whom a guardianship is sought.  A petitioner may not
621	serve as a member of the examining committee. Members of the
622	examining committee must be able to communicate, either directly
623	or through an interpreter, in the language that the alleged
624	incapacitated person speaks or to communicate in a medium
625	understandable to the alleged incapacitated person if she or he
626	is able to communicate. The clerk of the court shall send notice
627	of the appointment to each person appointed no later than 3 days
628	after the court's appointment.
629	(b)  A person who has been appointed to serve as a member
630	of an examining committee to examine an alleged incapacitated
631	person may not thereafter be appointed as a guardian for the
632	person who was the subject of the examination.
633	(c)  Each person appointed to an examining committee must
634	file an affidavit with the court stating that he or she has
635	completed the required courses or will do so no later than 4
636	months after his or her initial appointment. Each year, the
637	chief judge of the circuit must prepare a list of persons
638	qualified to be members of the examining committee.
639	(d)  A member of an examining committee must complete a
640	minimum of 4 hours of initial training. The person must complete
641	2 hours of continuing education during each 2-year period after
642	the initial training. The initial training and continuing
643	education program must be developed under the supervision of the
644	Statewide Public Guardianship Office; in consultation with the
645	Florida Conference of Circuit Court Judges; the Elder Law and
646	the Real Property, Probate and Trust Law sections of The Florida
647	Bar; the Florida State Guardianship Association; and the Florida
648	Guardianship Foundation. The court may waive the initial
649	training requirement for a person who has served for not less
650	than 5 years on examining committees. If a person wishes to
651	obtain his or her continuing education on the Internet or by
652	watching a video course, the person must first obtain the
653	approval of the chief judge before taking an Internet or video
654	course.
655	(e)(b)  Each member of the examining committee shall
656	examine the person. Each The examining committee member must
657	shall determine the alleged incapacitated person's ability to
658	exercise those rights specified in s. 744.3215. In addition to
659	the examination, each the examining committee member must shall
660	have access to, and may consider, previous examinations of the
661	person, including, but not limited to, habilitation plans,
662	school records, and psychological and psychosocial reports
663	voluntarily offered for use by the alleged incapacitated person.
664	Each member of the examining committee must shall submit a
665	report within 15 days after appointment.
666	(f)(c)  The examination of the alleged incapacitated person
667	must include a comprehensive examination, a report of which
668	shall be filed by the examining committee as part of its written
669	report. The comprehensive examination report should be an
670	essential element, but not necessarily the only element, used in
671	making a capacity and guardianship decision.  The comprehensive
672	examination must include, if indicated:
673	1.  A physical examination;
674	2.  A mental health examination; and
675	3.  A functional assessment.
676
677	If any of these three aspects of the examination is not
678	indicated or cannot be accomplished for any reason, the written
679	report must explain the reasons for its omission.
680	(g)(d)  The committee's written report must include:
681	1.  To the extent possible, a diagnosis, prognosis, and
682	recommended course of treatment.
683	2.  An evaluation of the alleged incapacitated person's
684	ability to retain her or his rights, including, without
685	limitation, the rights to marry; vote; contract; manage or
686	dispose of property; have a driver's license; determine her or
687	his residence; consent to medical treatment; and make decisions
688	affecting her or his social environment.
689	3.  The results of the comprehensive examination and the
690	committee members' assessment of information provided by the
691	attending or family physician, if any.
692	4.  A description of any matters with respect to which the
693	person lacks the capacity to exercise rights, the extent of that
694	incapacity, and the factual basis for the determination that the
695	person lacks that capacity.
696	5.  The names of all persons present during the time the
697	committee member conducted his or her examination. If a person
698	other than the person who is the subject of the examination
699	supplies answers posed to the alleged incapacitated person, the
700	report must include the response and the name of the person
701	supplying the answer.
702	6.5.  The signature of each member of the committee and the
703	date and time each member conducted his or her examination.
704	(h)(e)  A copy of the report must be served on the
705	petitioner and on the attorney for the alleged incapacitated
706	person within 3 days after the report is filed and at least 5
707	days before the hearing on the petition.
708	(7)  FEES.--
709	(a)  The examining committee and any attorney appointed
710	under subsection (2) are entitled to reasonable fees to be
711	determined by the court.
712	(b)  The fees awarded under paragraph (a) shall be paid by
713	the guardian from the property of the ward or, if the ward is
714	indigent, by the state. The state shall have a creditor's claim
715	against the guardianship property for any amounts paid under
716	this section. The state may file its claim within 90 days after
717	the entry of an order awarding attorney ad litem fees. If the
718	state does not file its claim within the 90-day period, the
719	state is thereafter barred from asserting the claim. Upon
720	petition by the state for payment of the claim, the court shall
721	enter an order authorizing immediate payment out of the property
722	of the ward. The state shall keep a record of the such payments.
723	(c)  If the petition is dismissed, costs and attorney's
724	fees of the proceeding may be assessed against the petitioner if
725	the court finds the petition to have been filed in bad faith.
726	Section 12.  Present subsection (4) of section 744.341,
727	Florida Statutes, is redesignated as subsection (5) and amended,
728	and a new subsection (4) is added to said section, to read:
729	744.341  Voluntary guardianship.--
730	(4)  A guardian must include in the annual report filed
731	with the court a certificate from a licensed physician who
732	examined the ward not more than 90 days before the annual report
733	is filed with the court. The certificate must certify that the
734	ward is competent to understand the nature of the guardianship
735	and of the ward's authority to delegate powers to the voluntary
736	guardian.
737	(5)(4)  A voluntary guardianship may be terminated by the
738	ward by filing a notice with the court that the voluntary
739	guardianship is terminated. The notice must be accompanied by a
740	certificate from a licensed physician who has examined the ward
741	not more than 30 days before the ward filed the notice with the
742	court. The physician must certify that the ward is competent to
743	understand the implications of terminating the guardianship. A
744	copy of the notice and certificate must be served on all
745	interested persons.
746	Section 13.  Subsection (9) is added to section 774.361,
747	Florida Statutes, to read:
748	744.361  Powers and duties of guardian.--
749	(9)  A professional guardian must ensure that each of the
750	guardian's wards is personally visited by the guardian or one of
751	the guardian's professional staff at least once each calendar
752	quarter. During the personal visit, the guardian or the
753	guardian's professional staff person shall assess:
754	(a)  The ward's physical appearance and condition.
755	(b)  The appropriateness of the ward's current living
756	situation.
757	(c)  The need for any additional services and the necessity
758	for continuation of existing services, taking into consideration
759	all aspects of social, psychological, educational, direct
760	service, health, and personal care needs.
761
762	This subsection does not apply to a professional guardian who
763	has been appointed only as guardian of the property.
764	Section 14.  Subsection (2) of section 744.365, Florida
765	Statutes, is amended to read:
766	744.365  Verified inventory.--
767	(2)  CONTENTS.--The verified inventory must include the
768	following:
769	(a)  All property of the ward, real and personal, that has
770	come into the guardian's possession or knowledge, including a
771	statement of all encumbrances, liens, and other secured claims
772	on any item, any claims against the property, and any cause of
773	action accruing to the ward, and any trusts of which the ward is
774	a beneficiary;
775	(b)  The location of the real and personal property in
776	sufficient detail so that it may be clearly identified or
777	located; and
778	(c)  A description of all sources of income, including,
779	without limitation, social security benefits and pensions.
780	Section 15.  Subsections (1) and (3) of section 744.367,
781	Florida Statutes, are amended to read:
782	744.367  Duty to file annual guardianship report.--
783	(1)  Unless the court requires filing on a calendar-year
784	basis, each guardian of the person shall file with the court an
785	annual guardianship plan within 90 days after the last day of
786	the anniversary month the letters of guardianship were signed,
787	and the plan must cover the coming fiscal year, ending on the
788	last day in such anniversary month.  If the court requires
789	calendar-year filing, the guardianship plan must be filed on or
790	before April 1 of each year within 90 days after the end of the
791	calendar year.
792	(3)  The annual guardianship report of a guardian of the
793	property must consist of an annual accounting, and the annual
794	report of a guardian of the person of an incapacitated person
795	must consist of an annual guardianship plan. The annual report
796	shall be served on the ward, unless the ward is a minor under
797	the age of 14 years or is totally incapacitated, and on the
798	attorney for the ward, if any. The guardian shall provide a copy
799	to any other person as the court may direct.
800	Section 16.  Section 744.3675, Florida Statutes, is amended
801	to read:
802	744.3675  Annual guardianship plan.--Each guardian of the
803	person must file with the court an annual guardianship plan
804	which updates information about the condition of the ward.  The
805	annual plan must specify the current needs of the ward and how
806	those needs are proposed to be met in the coming year.
807	(1)  Each plan for an adult ward must, if applicable,
808	include:
809	(a)  Information concerning the residence of the ward,
810	including:
811	1.  The ward's address at the time of filing the plan;
812	2.  The name and address of each place where the ward was
813	maintained during the preceding year;
814	3.  The length of stay of the ward at each place;
815	4.  A statement of whether the current residential setting
816	is best suited for the current needs of the ward; and
817	5.  Plans for ensuring during the coming year that the ward
818	is in the best residential setting to meet his or her needs.
819	(b)  Information concerning the medical and mental health
820	conditions condition and treatment and rehabilitation needs of
821	the ward, including:
822	1.  A resume of any professional medical treatment given to
823	the ward during the preceding year;
824	2.  The report of a physician who examined the ward no more
825	than 90 days before the beginning of the applicable reporting
826	period. The Such report must contain an evaluation of the ward's
827	condition and a statement of the current level of capacity of
828	the ward; and
829	3.  The plan for providing provision of medical, mental
830	health, and rehabilitative services in the coming year.
831	(c)  Information concerning the social condition of the
832	ward, including:
833	1.  The social and personal services currently used
834	utilized by the ward.;
835	2.  The social skills of the ward, including a statement of
836	how well the ward communicates and maintains interpersonal
837	relationships. with others;
838	3.  A description of the ward's activities at communication
839	and visitation; and
840	3.4.  The social needs of the ward.
841	(2)  Each plan filed by the legal guardian of a minor must
842	include:
843	(a)  Information concerning the residence of the minor,
844	including:
845	1.  The minor's address at the time of filing the plan.
846	2.  The name and address of each place where the minor
847	lived during the preceding year.
848	(b)  Information concerning the medical and mental health
849	conditions and treatment and rehabilitation needs of the minor,
850	including:
851	1.  A resume of any professional medical treatment given to
852	the minor during the preceding year.
853	2.  A report from the physician who examined the minor no
854	more than 180 days before the beginning of the applicable
855	reporting period that contains an evaluation of the minor's
856	physical and mental conditions.
857	3.  The plan for providing medical services in the coming
858	year.
859	(c)  Information concerning the education of the minor,
860	including:
861	1.  A summary of the school progress report.
862	2.  The social development of the minor, including a
863	statement of how well the minor communicates and maintains
864	interpersonal relationships.
865	3.  The social needs of the minor.
866	(3)(2)  Each plan for an adult ward must address the issue
867	of restoration of rights to the ward and include:
868	(a)  A summary of activities during the preceding year
869	which were designed to enhance increase the capacity of the
870	ward;
871	(b)  A statement of whether the ward can have any rights
872	restored; and
873	(c)  A statement of whether restoration of any rights will
874	be sought.
875	(4)(3)  The court, in its discretion, may require
876	reexamination of the ward by a physician at any time.
877	Section 17.  Subsections (2) and (3) of section 744.3678,
878	Florida Statutes, are amended to read:
879	744.3678  Annual accounting.--
880	(2)  The annual accounting must include:
881	(a)  A full and correct account of the receipts and
882	disbursements of all of the ward's property over which the
883	guardian has control and a statement of the ward's property on
884	hand at the end of the accounting period. This paragraph does
885	not apply to any property under the control of the guardian,
886	including any trust of which the ward is a beneficiary but which
887	is not under the control or administration of the guardian.
888	(b)  A copy of the annual or year-end statement of all of
889	the ward's cash accounts from each of the institutions where the
890	cash is deposited.
891	(3)  The guardian must obtain a receipt, or canceled check,
892	or other proof of payment for all expenditures and disbursements
893	made on behalf of the ward. The guardian must preserve all
894	evidence of payment the receipts and canceled checks, along with
895	other substantiating papers, for a period of 3 years after his
896	or her discharge. The receipts, proofs of payment checks, and
897	substantiating papers need not be filed with the court but shall
898	be made available for inspection and review at the such time and
899	in such place and before such persons as the court may from time
900	to time order.
901	Section 18.  Section 744.3679, Florida Statutes, is amended
902	to read:
903	744.3679  Simplified accounting procedures in certain
904	cases.--
905	(1)  In a guardianship of property, when all assets of the
906	estate are in designated depositories under s. 69.031 and the
907	only transactions that occur in that account are interest
908	accrual, deposits from a pursuant to settlement, or financial
909	institution service charges, the guardian may elect to file an
910	accounting consisting of:
911	(a)  The original or a certified copy of the year-end
912	statement of the ward's account from the financial institution;
913	and
914	(b)  A statement by the guardian under penalty of perjury
915	that the guardian has custody and control of the ward's property
916	as shown in the year-end statement.
917	(2)  The clerk has no responsibility to monitor or audit
918	the accounts and may not accept a fee for doing so.
919	(2)(3)  The accounting allowed by subsection (1) is in lieu
920	of the accounting and auditing procedures under s. 744.3678(2)
921	ss. 744.3678 and 744.368(1)(f). However, any interested party
922	may seek judicial review as provided in s. 744.3685.
923	(3)(4)  The guardian need not be represented by an attorney
924	in order to file the annual accounting allowed by subsection
925	(1).
926	Section 19.  Subsection (3) of section 744.368, Florida
927	Statutes, is amended to read:
928	744.368  Responsibilities of the clerk of the circuit
929	court.--
930	(3)  Within 90 days after the filing of the verified
931	inventory and accountings initial or annual guardianship report
932	by a guardian of the property, the clerk shall audit the
933	verified inventory and or the accountings annual accounting. The
934	clerk shall advise the court of the results of the audit.
935	Section 20.  Subsection (19) of section 744.441, Florida
936	Statutes, is amended to read:
937	744.441  Powers of guardian upon court approval.--After
938	obtaining approval of the court pursuant to a petition for
939	authorization to act, a plenary guardian of the property, or a
940	limited guardian of the property within the powers granted by
941	the order appointing the guardian or an approved annual or
942	amended guardianship report, may:
943	(19)  Create or amend revocable or irrevocable trusts of
944	property of the ward's estate which may extend beyond the
945	disability or life of the ward in connection with estate, gift,
946	income, or other tax planning or in connection with estate
947	planning. The court shall retain oversight of the assets
948	transferred to a trust, unless otherwise ordered by the court.
949	Section 21.  Section 744.442, Florida Statutes, is created
950	to read:
951	744.442  Delegation of authority.--
952	(1)  A guardian may designate a surrogate guardian to
953	exercise the powers of the guardian if the guardian is
954	unavailable to act. A person designated as a surrogate guardian
955	under this section must be a professional guardian.
956	(2)(a)  A guardian must file a petition with the court
957	requesting permission to designate a surrogate guardian.
958	(b)  If the court approves the designation, the order must
959	specify the name and business address of the surrogate guardian
960	and the duration of appointment, which may not exceed 30 days.
961	The court may extend the appointment for good cause shown. The
962	surrogate guardian may exercise all powers of the guardian
963	unless limited by order of the court. The surrogate guardian
964	must file with the court an oath swearing or affirming that he
965	or she will faithfully perform the duties delegated. The court
966	may require the surrogate guardian to post a bond.
967	(3)  This section does not limit the responsibility of the
968	guardian to the ward and to the court. The guardian is liable
969	for the acts of the surrogate guardian. The guardian may
970	terminate the authority of the surrogate guardian by filing a
971	written notice of the termination with the court.
972	(4)  The surrogate guardian is subject to the jurisdiction
973	of the court as if appointed to serve as guardian.
974	Section 22.  Paragraphs (c), (e), and (f) of subsection (2)
975	and subsection (4) of section 744.464, Florida Statutes, are
976	amended to read:
977	744.464  Restoration to capacity.--
978	(2)  SUGGESTION OF CAPACITY.--
979	(c)  The court shall immediately send notice of the filing
980	of the suggestion of capacity to the ward, the guardian, the
981	attorney for the ward, if any, the state attorney, and any other
982	interested persons designated by the court.  Formal notice must
983	be served on the guardian.  Informal notice may be served on
984	other persons. Notice need not be served on the person who filed
985	the suggestion of capacity.
986	(e)  If an objection is timely filed, or if the medical
987	examination suggests that full restoration is not appropriate,
988	the court shall set the matter for hearing.  If the ward does
989	not have an attorney, the court shall appoint one to represent
990	the ward.
991	(f)  Notice of the hearing and copies of the objections and
992	medical examination reports shall be served upon the ward, the
993	ward's attorney, the guardian, the state attorney, the ward's
994	next of kin, and any other interested persons as directed by the
995	court.
996	(4)  TIME LIMITATION FOR FILING SUGGESTION OF
997	CAPACITY.--Notwithstanding this section, a suggestion of
998	capacity may not be filed within 90 days after an adjudication
999	of incapacity or denial of restoration, unless good cause is
1000	shown.
1001	Section 23.  Section 744.511, Florida Statutes, is amended
1002	to read:
1003	744.511  Accounting upon removal.--A removed guardian shall
1004	file with the court a true, complete, and final report of his or
1005	her guardianship within 20 days after removal and shall serve a
1006	copy on the successor guardian and the ward, unless the ward is
1007	a minor under 14 years of age or has been determined to be
1008	totally incapacitated.
1009	Section 24.  Section 744.527, Florida Statutes, is amended
1010	to read:
1011	744.527  Final reports and application for discharge;
1012	hearing.--
1013	(1)  When the court terminates the guardianship for any of
1014	the reasons set forth in s. 744.521, the guardian shall promptly
1015	file his or her final report. If the ward has died, the guardian
1016	must file a final report with the court no later than 45 days
1017	after he or she has been served with letters of administration
1018	or letters of curatorship. If no objections are filed and if it
1019	appears that the guardian has made full and complete
1020	distribution to the person entitled and has otherwise faithfully
1021	discharged his or her duties, the court shall approve the final
1022	report.  If objections are filed, the court shall conduct a
1023	hearing in the same manner as provided for a hearing on
1024	objections to annual guardianship reports.
1025	(2)  The guardian applying for discharge may is authorized
1026	to retain from the funds in his or her possession a sufficient
1027	amount to pay the final costs of administration, including
1028	guardian and attorney's fees regardless of the death of the
1029	ward, accruing between the filing of his or her final returns
1030	and the order of discharge.
1031	Section 25.  Subsection (3) of section 744.528, Florida
1032	Statutes, is amended to read:
1033	744.528  Discharge of guardian named as personal
1034	representative.--
1035	(3)  Any interested person may file a notice of The court
1036	shall set a hearing on any objections filed by the
1037	beneficiaries. Notice of the hearing must shall be served upon
1038	the guardian, beneficiaries of the ward's estate, and any other
1039	person to whom the court directs service. If a notice of hearing
1040	on the objections is not served within 90 days after filing of
1041	the objections, the objections are deemed abandoned.
1042	Section 26.  Subsection (6) of section 744.708, Florida
1043	Statutes, is amended to read:
1044	744.708  Reports and standards.--
1045	(6)  A The public guardian shall ensure that each of the
1046	guardian's wards is personally visited ward is seen by the
1047	public guardian or by a professional staff person of the public
1048	guardian at least once each calendar quarter four times a year.
1049	During this personal visit, the public guardian or the
1050	professional staff person shall assess:
1051	(a)  The ward's physical appearance and condition.
1052	(b)  The appropriateness of the ward's current living
1053	situation.
1054	(c)  The need for any additional services and the necessity
1055	for continuation of existing services, taking into consideration
1056	all aspects of social, psychological, educational, direct
1057	service, health, and personal care needs.
1058	Section 27.  Paragraph (a) of subsection (5) of section
1059	765.101, Florida Statutes, is amended to read:
1060	765.101  Definitions.--As used in this chapter:
1061	(5)  "Health care decision" means:
1062	(a)  Informed consent, refusal of consent, or withdrawal of
1063	consent to any and all health care, including life-prolonging
1064	procedures and mental health treatment, unless otherwise stated
1065	in the advance directives.
1066	Section 28.  Section 28.345, Florida Statutes, is amended
1067	to read:
1068	28.345  Exemption from court-related fees and
1069	charges.--Notwithstanding any other provision of this chapter or
1070	law to the contrary, judges, state attorneys, guardians ad
1071	litem, public guardians, and public defenders, acting in their
1072	official capacity, and state agencies, are exempt from all
1073	court-related fees and charges assessed by the clerks of the
1074	circuit courts.
1075	Section 29.  Paragraph (c) of subsection (8) of section
1076	121.091, Florida Statutes, is amended to read:
1077	121.091  Benefits payable under the system.--Benefits may
1078	not be paid under this section unless the member has terminated
1079	employment as provided in s. 121.021(39)(a) or begun
1080	participation in the Deferred Retirement Option Program as
1081	provided in subsection (13), and a proper application has been
1082	filed in the manner prescribed by the department. The department
1083	may cancel an application for retirement benefits when the
1084	member or beneficiary fails to timely provide the information
1085	and documents required by this chapter and the department's
1086	rules. The department shall adopt rules establishing procedures
1087	for application for retirement benefits and for the cancellation
1088	of such application when the required information or documents
1089	are not received.
1090	(8)  DESIGNATION OF BENEFICIARIES.--
1091	(c)  Notwithstanding the member's designation of benefits
1092	to be paid through a trust to a beneficiary that is a natural
1093	person as provided in s. 121.021(46), and notwithstanding the
1094	provisions of the trust, benefits shall be paid directly to the
1095	beneficiary if the such person is no longer a minor or an
1096	incapacitated person as defined in s. 744.102(12)(11) and
1097	(13)(12).
1098	Section 30.  Subsection (1) and paragraphs (b), (d), and
1099	(f) of subsection (4) of section 709.08, Florida Statutes, are
1100	amended to read:
1101	709.08  Durable power of attorney.--
1102	(1)  CREATION OF DURABLE POWER OF ATTORNEY.--A durable
1103	power of attorney is a written power of attorney by which a
1104	principal designates another as the principal's attorney in
1105	fact. The durable power of attorney must be in writing, must be
1106	executed with the same formalities required for the conveyance
1107	of real property by Florida law, and must contain the words:
1108	"This durable power of attorney is not affected by subsequent
1109	incapacity of the principal except as provided in s. 709.08,
1110	Florida Statutes"; or similar words that show the principal's
1111	intent that the authority conferred is exercisable
1112	notwithstanding the principal's subsequent incapacity, except as
1113	otherwise provided by this section.  The durable power of
1114	attorney is exercisable as of the date of execution; however, if
1115	the durable power of attorney is conditioned upon the
1116	principal's lack of capacity to manage property as defined in s.
1117	744.102(12)(11)(a), the durable power of attorney is exercisable
1118	upon the delivery of affidavits in paragraphs (4)(c) and (d) to
1119	the third party.
1120	(4)  PROTECTION WITHOUT NOTICE; GOOD FAITH ACTS;
1121	AFFIDAVITS.--
1122	(b)  Any third party may rely upon the authority granted in
1123	a durable power of attorney that is conditioned on the
1124	principal's lack of capacity to manage property as defined in s.
1125	744.102(12)(11)(a) only after receiving the affidavits provided
1126	in paragraphs (c) and (d), and such reliance shall end when the
1127	third party has received notice as provided in subsection (5).
1128	(d)  A determination that a principal lacks the capacity to
1129	manage property as defined in s. 744.102(12)(11)(a) must be made
1130	and evidenced by the affidavit of a physician licensed to
1131	practice medicine pursuant to chapters 458 and 459 as of the
1132	date of the affidavit. A judicial determination that the
1133	principal lacks the capacity to manage property pursuant to
1134	chapter 744 is not required prior to the determination by the
1135	physician and the execution of the affidavit. For purposes of
1136	this section, the physician executing the affidavit must be the
1137	primary physician who has responsibility for the treatment and
1138	care of the principal. The affidavit executed by a physician
1139	must state where the physician is licensed to practice medicine,
1140	that the physician is the primary physician who has
1141	responsibility for the treatment and care of the principal, and
1142	that the physician believes that the principal lacks the
1143	capacity to manage property as defined in s. 744.102(12)(11)(a).
1144	The affidavit may, but need not, be in the following form:
1145
1146	STATE OF_______________
1147	COUNTY OF_______________
1148
1149	Before me, the undersigned authority, personally appeared
1150	(name of physician)  , Affiant, who swore or affirmed that:
1151	1.  Affiant is a physician licensed to practice medicine in
1152	(name of state, territory, or foreign country)  .
1153	2.  Affiant is the primary physician who has responsibility
1154	for the treatment and care of   (principal's name)  .
1155	3.  To the best of Affiant's knowledge after reasonable
1156	inquiry, Affiant believes that the principal lacks the capacity
1157	to manage property, including taking those actions necessary to
1158	obtain, administer, and dispose of real and personal property,
1159	intangible property, business property, benefits, and income.
1160
1161
1162	____________________
1163	(Affiant)
1164
1165	Sworn to (or affirmed) and subscribed before me this   (day
1166	of)     (month)  ,   (year)  , by   (name of person making
1167	statement)
1168
1169	(Signature of Notary Public-State of Florida)
1170
1171	(Print, Type, or Stamp Commissioned Name of Notary Public)
1172
1173	Personally Known OR Produced Identification
1174	(Type of Identification Produced)
1175	(f)  A third party may not rely on the authority granted in
1176	a durable power of attorney conditioned on the principal's lack
1177	of capacity to manage property as defined in s.
1178	744.102(12)(11)(a) when any affidavit presented has been
1179	executed more than 6 months prior to the first presentation of
1180	the durable power of attorney to the third party.
1181	Section 31.  Subsection (3) of section 744.1085, Florida
1182	Statutes, is amended to read:
1183	744.1085  Regulation of professional guardians;
1184	application; bond required; educational requirements.--
1185	(3)  Each professional guardian defined in s.
1186	744.102(17)(16) and public guardian must receive a minimum of 40
1187	hours of instruction and training. Each professional guardian
1188	must receive a minimum of 16 hours of continuing education every
1189	2 calendar years after the year in which the initial 40-hour
1190	educational requirement is met. The instruction and education
1191	must be completed through a course approved or offered by the
1192	Statewide Public Guardianship Office. The expenses incurred to
1193	satisfy the educational requirements prescribed in this section
1194	may not be paid with the assets of any ward. This subsection
1195	does not apply to any attorney who is licensed to practice law
1196	in this state.
1197	Section 32.  For the purpose of incorporating the amendment
1198	made by this act to section 744.3215, Florida Statutes, in a
1199	reference thereto, subsection (4) of section 117.107, Florida
1200	Statutes, is reenacted to read:
1201	117.107  Prohibited acts.--
1202	(4)  A notary public may not take the acknowledgment of or
1203	administer an oath to a person whom the notary public actually
1204	knows to have been adjudicated mentally incapacitated by a court
1205	of competent jurisdiction, where the acknowledgment or oath
1206	necessitates the exercise of a right that has been removed
1207	pursuant to s. 744.3215(2) or (3), and where the person has not
1208	been restored to capacity as a matter of record.
1209	Section 33.  Subsection (13) of section 318.18, Florida
1210	Statutes, is amended to read:
1211	318.18  Amount of civil penalties.--The penalties required
1212	for a noncriminal disposition pursuant to s. 318.14 are as
1213	follows:
1214	(13)  In addition to any penalties imposed for noncriminal
1215	traffic infractions under pursuant to this chapter or imposed
1216	for criminal violations listed in s. 318.17, a board of county
1217	commissioners or any unit of local government which is
1218	consolidated as provided by s. 9, Art. VIII of the State
1219	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1220	Constitution of 1968:
1221	(a)1.  May impose by ordinance a surcharge of up to $15 for
1222	any infraction or violation to fund state court facilities. The
1223	court may shall not waive this surcharge.
1224	2.  May impose an additional $15 surcharge to fund the
1225	county's participation in the public guardianship program under
1226	chapter 744. Imposition of this surcharge must be by vote of
1227	two-thirds of the board of county commissioners or after a
1228	referendum approved by the electors of the county. Before
1229	imposing the surcharge, the county commission must demonstrate
1230	that available revenue sources are insufficient to fund such
1231	participation. The court may not waive this surcharge.
1232	(b)  That imposed increased fees or service charges by
1233	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
1234	purpose of securing payment of the principal and interest on
1235	bonds issued by the county before July 1, 2003, to finance state
1236	court facilities, may impose by ordinance a surcharge for any
1237	infraction or violation for the exclusive purpose of securing
1238	payment of the principal and interest on bonds issued by the
1239	county before July 1, 2003, to fund state court facilities until
1240	the date of stated maturity. The court may shall not waive this
1241	surcharge. The Such surcharge may not exceed an amount per
1242	violation calculated as the quotient of the maximum annual
1243	payment of the principal and interest on the bonds as of July 1,
1244	2003, divided by the number of traffic citations for county
1245	fiscal year 2002-2003 certified as paid by the clerk of the
1246	court of the county. The Such quotient shall be rounded up to
1247	the next highest dollar amount. The bonds may be refunded only
1248	if savings will be realized on payments of debt service and the
1249	refunding bonds are scheduled to mature on the same date or
1250	before the bonds being refunded.
1251
1252	A county may not impose both of the surcharges authorized under
1253	both paragraphs (a) and (b) concurrently.
1254	Section 34.  Section 938.065, Florida Statutes, is created
1255	to read:
1256	938.065  Additional cost for public guardianship
1257	programs.--
1258	(1)  In addition to any fine prescribed by law for any
1259	misdemeanor offense, there is assessed as a court cost an
1260	additional surcharge of $18 on each fine, which shall be imposed
1261	by each county and circuit court and collected by the clerk of
1262	the court together with the fine.
1263	(2)  The clerk of the court shall collect and forward, on a
1264	monthly basis, all costs assessed under this section, less $3
1265	per assessment as a service charge to be retained by the clerk,
1266	to the Department of Revenue for deposit into the General
1267	Revenue Fund. The funds collected shall be used exclusively to
1268	fund public guardianship programs in this state.
1269	Section 35.  This act shall take effect July 1, 2005.

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