HB 1615

CS

CHAMBER ACTION

1	The Future of Florida's Families Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to guardianship; amending s. 744.102,
8	F.S.; defining the terms "audit" and "surrogate guardian";
9	amending s. 744.1083, F.S.; providing that the Statewide
10	Public Guardianship Office need not review credit and
11	criminal investigations from a college or university
12	before registering the institution as a professional
13	guardian; amending s. 744.301, F.S.; providing that in the
14	event of death, the surviving parent is the sole natural
15	guardian of a minor; prohibiting a natural guardian from
16	using the property of the ward for the guardian's benefit
17	without a court order; creating s. 744.3025, F.S.;
18	authorizing a court to appoint a guardian ad litem to
19	represent a minor's interest in certain claims that exceed
20	a specified amount; requiring a court to appoint a
21	guardian ad litem to represent a minor's interest in
22	certain claims that exceed a specified amount; providing
23	that a court need not appoint a guardian ad litem under
24	certain circumstances; requiring a court to award
25	reasonable fees and costs to the guardian ad litem;
26	amending s. 744.3031, F.S.; increasing the time an
27	emergency temporary guardian may serve to 90 days;
28	authorizing an extension; requiring an emergency temporary
29	guardian to file a final report; providing for the
30	contents of the final report; amending s. 744.304, F.S.;
31	specifying the persons who may file a petition for a
32	standby guardian; requiring that notice of the appointment
33	hearing be served on the ward's next of kin; clarifying
34	when a standby guardian may assume the duties of guardian;
35	requiring that each standby guardian submit to credit and
36	criminal background checks; amending s. 744.3115, F.S.;
37	providing a definition; amending s. 744.3135, F.S.;
38	providing procedures for completing a guardians' criminal
39	background investigation; authorizing a guardian to use
40	inkless electronic fingerprinting equipment that is
41	available for background investigations of public
42	employees; providing that a guardian need not be
43	rescreened if he or she uses certain inkless electronic
44	fingerprinting equipment; providing for fees; requiring
45	the Statewide Public Guardianship Office to adopt a rule
46	for credit investigations of guardians; amending s.
47	744.3145, F.S.; reducing the time in which a guardian must
48	complete the education courses from 1 year to 4 months;
49	amending s. 744.3215, F.S.; providing that an
50	incapacitated person retains the right to receive
51	necessary services and rehabilitation necessary to
52	maximize the quality of the person's life; amending s.
53	744.331, F.S.; requiring that the court appoint an
54	attorney from a specified registry; requiring attorneys to
55	complete certain training programs; providing that a
56	member of the examining committee may not be related to or
57	associated with certain persons; prohibiting a person who
58	served on an examining committee from being appointed as
59	the guardian; requiring each member of an examining
60	committee to file an affidavit stating that he or she has
61	completed the mandatory training; providing for training
62	programs; requiring each member to report the time and
63	date that he or she examined the person alleged to be
64	incapacitated; providing for an award of attorney's fees;
65	amending s. 744.341, F.S.; requiring the voluntary
66	guardian to include certain information in the annual
67	report; requiring that certain specified information be
68	included in the notice to terminate a voluntary
69	guardianship; amending s. 744.361, F.S.; requiring a
70	professional guardian to ensure that each of his or her
71	wards is personally visited at least quarterly; providing
72	for the assessment of certain conditions during the
73	personal visit; amending s. 744.365, F.S.; requiring that
74	the verified inventory include information on any trust to
75	which a ward is a beneficiary; amending s. 744.367, F.S.;
76	requiring that the annual report of the guardian be filed
77	on or before a specified date; amending s. 744.3675, F.S.;
78	requiring that the annual guardianship plan include
79	information on the mental condition of the ward; providing
80	for an annual guardianship plan for wards who are minors;
81	amending s. 744.3678, F.S.; providing that property of the
82	ward which is not under the control of the guardian,
83	including certain trusts, is not subject to annual
84	accounting; requiring certain documentation for the annual
85	accounting; amending s. 744.3679, F.S.; removing a
86	provision prohibiting the clerk of the court from having
87	responsibility for monitoring or auditing accounts in
88	certain cases; amending s. 744.368, F.S.; requiring that
89	the verified inventory and the accountings be audited
90	within a specified time period; amending s. 744.441, F.S.;
91	requiring the court to retain oversight for assets of a
92	ward transferred to a trust; creating s. 744.442, F.S.;
93	providing that a guardian may designate a surrogate
94	guardian to exercise the powers of the guardian if the
95	guardian is unavailable to act; requiring the surrogate
96	guardian to be a professional guardian; providing the
97	procedures to be used in appointing a surrogate guardian;
98	providing the duties of a surrogate guardian; requiring
99	the guardian to be liable for the acts of the surrogate
100	guardian; authorizing the guardian to terminate the
101	services of the surrogate guardian by filing a written
102	notice of the termination with the court; amending s.
103	744.464, F.S.; removing the state attorney from the list
104	of persons to be served a notice of a hearing on
105	restoration of capacity; removing a time limitation on the
106	filing of a suggestion of capacity; amending s. 744.474,
107	F.S.; revising provisions relating to removal of a
108	guardian who is not a family member; revising provisions
109	relating to removal of a guardian upon a showing that
110	removal of the current guardian is in the best interest of
111	the ward; amending s. 744.511, F.S.; providing that a ward
112	who is a minor need not be served with the final report of
113	a removed guardian; amending s. 744.527, F.S.; providing
114	that final reports for a deceased ward be filed at a
115	specified time; amending s. 744.528, F.S.; providing for a
116	notice of the hearing for objections to a report filed by
117	a guardian; amending s. 744.708, F.S.; requiring a public
118	guardian to ensure that each of his or her wards is
119	personally visited at least quarterly; providing for the
120	assessment of certain conditions during the personal
121	visit; amending s. 765.101, F.S.; redefining the term
122	"health care decision" to include informed consent for
123	mental health treatment services; amending s. 28.345,
124	F.S.; exempting a public guardian from paying court-
125	related fees and charges; amending ss. 121.091, 709.08,
126	and 744.1085, F.S.; conforming cross references;
127	reenacting s. 117.107(4), F.S., relating to prohibited
128	acts of a notary public, to incorporate the amendment made
129	to s. 744.3215, F.S., in a reference thereto; amending s.
130	318.18, F.S.; authorizing a county to impose a surcharge
131	on certain civil penalties to fund local participation in
132	the public guardianship program; prescribing prerequisites
133	for imposing the surcharge; providing a limit on the
134	surcharge; creating s. 938.065, F.S.; requiring that a
135	specified surcharge be assessed against all misdemeanor
136	offenses; providing that the clerk of the court may retain
137	a service charge; directing that the funds collected be
138	used to fund public guardianship programs; providing an
139	effective date.
140
141	Be It Enacted by the Legislature of the State of Florida:
142
143	Section 1.  Section 744.102, Florida Statutes, is amended
144	to read:
145	744.102  Definitions.--As used in this chapter, the term:
146	(1)  "Attorney for the alleged incapacitated person" means
147	an attorney who represents the alleged incapacitated person. The
148	Such attorney shall represent the expressed wishes of the
149	alleged incapacitated person to the extent it is consistent with
150	the rules regulating The Florida Bar.
151	(2)  "Audit" means a systematic review of financial
152	documents with adherence to generally accepted auditing
153	standards.
154	(3)(2)  "Clerk" means the clerk or deputy clerk of the
155	court.
156	(4)(3)  "Corporate guardian" means a corporation authorized
157	to exercise fiduciary or guardianship powers in this state and
158	includes a nonprofit corporate guardian.
159	(5)(4)  "Court" means the circuit court.
160	(6)(5)  "Court monitor" means a person appointed by the
161	court under pursuant to s. 744.107 to provide the court with
162	information concerning a ward.
163	(7)(6)  "Estate" means the property of a ward subject to
164	administration.
165	(8)(7)  "Foreign guardian" means a guardian appointed in
166	another state or country.
167	(9)(8)  "Guardian" means a person who has been appointed by
168	the court to act on behalf of a ward's person or property, or
169	both.
170	(a)  "Limited guardian" means a guardian who has been
171	appointed by the court to exercise the legal rights and powers
172	specifically designated by court order entered after the court
173	has found that the ward lacks the capacity to do some, but not
174	all, of the tasks necessary to care for his or her person or
175	property, or after the person has voluntarily petitioned for
176	appointment of a limited guardian.
177	(b)  "Plenary guardian" means a person who has been
178	appointed by the court to exercise all delegable legal rights
179	and powers of the ward after the court has found that the ward
180	lacks the capacity to perform all of the tasks necessary to care
181	for his or her person or property.
182	(10)(9)  "Guardian ad litem" means a person who is
183	appointed by the court having jurisdiction of the guardianship
184	or a court in which a particular legal matter is pending to
185	represent a ward in that proceeding.
186	(11)(10)  "Guardian advocate" means a person appointed by a
187	written order of the court to represent a person with
188	developmental disabilities under s. 393.12. As used in this
189	chapter, the term does not apply to a guardian advocate
190	appointed for a person determined incompetent to consent to
191	treatment under s. 394.4598.
192	(12)(11)  "Incapacitated person" means a person who has
193	been judicially determined to lack the capacity to manage at
194	least some of the property or to meet at least some of the
195	essential health and safety requirements of the such person.
196	(a)  To "manage property" means to take those actions
197	necessary to obtain, administer, and dispose of real and
198	personal property, intangible property, business property,
199	benefits, and income.
200	(b)  To "meet essential requirements for health or safety"
201	means to take those actions necessary to provide the health
202	care, food, shelter, clothing, personal hygiene, or other care
203	without which serious and imminent physical injury or illness is
204	more likely than not to occur.
205	(13)(12)  "Minor" means a person under 18 years of age
206	whose disabilities have not been removed by marriage or
207	otherwise.
208	(14)(13)  "Next of kin" means those persons who would be
209	heirs at law of the ward or alleged incapacitated person if the
210	such person were deceased and includes the lineal descendants of
211	the such ward or alleged incapacitated person.
212	(15)(14)  "Nonprofit corporate guardian" means a nonprofit
213	corporation organized for religious or charitable purposes and
214	existing under the laws of this state.
215	(16)(15)  "Preneed guardian" means a person named in a
216	written declaration to serve as guardian in the event of the
217	incapacity of the declarant as provided in s. 744.3045.
218	(17)(16)  "Professional guardian" means any guardian who
219	receives or has at any time received compensation for services
220	rendered services to three or more than two wards as their
221	guardian. A person serving as a guardian for two or more
222	relatives as defined in s. 744.309(2) is not considered a
223	professional guardian. A public guardian shall be considered a
224	professional guardian for purposes of regulation, education, and
225	registration.
226	(18)(17)  "Property" means both real and personal property
227	or any interest in it and anything that may be the subject of
228	ownership.
229	(19)(18)  "Standby guardian" means a person empowered to
230	assume the duties of guardianship upon the death or adjudication
231	of incapacity of the last surviving natural or appointed
232	guardian.
233	(20)  "Surrogate guardian" means a guardian designated
234	according to s. 744.442.
235	(21)(19)  "Totally incapacitated" means incapable of
236	exercising any of the rights enumerated in s. 744.3215(2) and
237	(3).
238	(22)(20)  "Ward" means a person for whom a guardian has
239	been appointed.
240	Section 2.  Subsection (10) of section 744.1083, Florida
241	Statutes, is amended to read:
242	744.1083  Professional guardian registration.--
243	(10)  A state college or university or an independent
244	college or university described in s. 1009.98(3)(a), may, but is
245	not required to, register as a professional guardian under this
246	section. If a state college or university or independent college
247	or university elects to register as a professional guardian
248	under this subsection, the requirements of subsections (3) and
249	(4) subsection (3) do not apply and the registration must
250	include only the name, address, and employer identification
251	number of the registrant.
252	Section 3.  Section 744.301, Florida Statutes, is amended
253	to read:
254	744.301  Natural guardians.--
255	(1)  The mother and father jointly are natural guardians of
256	their own children and of their adopted children, during
257	minority.  If one parent dies, the surviving parent remains the
258	sole natural guardian even if he or she the natural guardianship
259	shall pass to the surviving parent, and the right shall continue
260	even though the surviving parent remarries. If the marriage
261	between the parents is dissolved, the natural guardianship
262	belongs shall belong to the parent to whom the custody of the
263	child is awarded. If the parents are given joint custody, then
264	both shall continue as natural guardians.  If the marriage is
265	dissolved and neither the father nor the mother is given custody
266	of the child, neither shall act as natural guardian of the
267	child.  The mother of a child born out of wedlock is the natural
268	guardian of the child and is entitled to primary residential
269	care and custody of the child unless a court of competent
270	jurisdiction enters an order stating otherwise.
271	(2)  The Natural guardian or guardians are authorized, on
272	behalf of any of their minor children, to settle and consummate
273	a settlement of any claim or cause of action accruing to any of
274	their minor children for damages to the person or property of
275	any of said minor children and to collect, receive, manage, and
276	dispose of the proceeds of any such settlement and of any other
277	real or personal property distributed from an estate or trust or
278	proceeds from a life insurance policy to, or otherwise accruing
279	to the benefit of, the child during minority, when the amounts
280	received, in the aggregate, do amount involved in any instance
281	does not exceed $15,000, without appointment, authority, or
282	bond.
283	(3)  All instruments executed by a natural guardian for the
284	benefit of the ward under the powers specified provided for in
285	subsection (2) shall be binding on the ward. The natural
286	guardian may not, without a court order, use the property of the
287	ward for the guardian's benefit or to satisfy the guardian's
288	support obligation to the ward.
289	(4)(a)  In any case where a minor has a claim for personal
290	injury, property damage, or wrongful death in which the gross
291	settlement for the claim of the minor exceeds $15,000, the court
292	may, prior to the approval of the settlement of the minor's
293	claim, appoint a guardian ad litem to represent the minor's
294	interests. In any case in which the gross settlement involving a
295	minor equals or exceeds $25,000, the court shall, prior to the
296	approval of the settlement of the minor's claim, appoint a
297	guardian ad litem to represent the minor's interests. The
298	appointment of the guardian ad litem must be without the
299	necessity of bond or a notice. The duty of the guardian ad litem
300	is to protect the minor's interests. The procedure for carrying
301	out that duty is as prescribed in the Florida Probate Rules.  If
302	a legal guardian of the minor has previously been appointed and
303	has no potential adverse interest to the minor, the court may
304	not appoint a guardian ad litem to represent the minor's
305	interests, unless the court determines that the appointment is
306	otherwise necessary.
307	(b)  Unless waived, the court shall award reasonable fees
308	and costs to the guardian ad litem to be paid out of the gross
309	proceeds of the settlement.
310	Section 4.  Section 744.3025, Florida Statutes, is created
311	to read:
312	744.3025  Claims of minors.--
313	(1)(a)  The court may appoint a guardian ad litem to
314	represent the minor's interest before approving a settlement of
315	the minor's portion of the claim in any case in which a minor
316	has a claim for personal injury, property damage, wrongful
317	death, or other cause of action in which the gross settlement of
318	the claim exceeds $15,000.
319	(b)  The court shall appoint a guardian ad litem to
320	represent the minor's interest before approving a settlement of
321	the minor's claim in any case in which the gross settlement
322	involving a minor equals or exceeds $50,000.
323	(c)  The appointment of the guardian ad litem must be
324	without the necessity of bond or notice.
325	(d)  The duty of the guardian ad litem is to protect the
326	minor's interests as described in the Florida Probate Rules.
327	(e)  A court need not appoint a guardian ad litem for the
328	minor if a guardian of the minor has previously been appointed
329	and that guardian has no potential adverse interest to the
330	minor. A court may appoint a guardian ad litem if the court
331	believes a guardian ad litem is necessary to protect the
332	interests of the minor.
333	(2)  Unless waived, the court shall award reasonable fees
334	and costs to the guardian ad litem to be paid out of the gross
335	proceeds of the settlement.
336	Section 5.  Subsection (3) of section 744.3031, Florida
337	Statutes, is amended, and subsection (8) is added to said
338	section, to read:
339	744.3031  Emergency temporary guardianship.--
340	(3)  The authority of an emergency temporary guardian
341	expires 90 60 days after the date of appointment or when a
342	guardian is appointed, whichever occurs first.  The authority of
343	the emergency temporary guardian may be extended for an
344	additional 90 30 days upon a showing that the emergency
345	conditions still exist.
346	(8)(a)  An emergency temporary guardian shall file a final
347	report no later than 30 days after the expiration of the
348	emergency temporary guardianship.
349	(b)  An emergency temporary guardian is a guardian for the
350	property. The final report must consist of a verified inventory
351	of the property, as provided in s. 744.365, as of the date the
352	letters of emergency temporary guardianship were issued, a final
353	accounting that gives a full and correct account of the receipts
354	and disbursements of all the property of the ward over which the
355	guardian had control, and a statement of the property of the
356	ward on hand at the end of the emergency temporary guardianship.
357	If the emergency temporary guardian becomes the successor
358	guardian of the property, the final report must satisfy the
359	requirements of the initial guardianship report for the guardian
360	of the property as provided in s. 744.362.
361	(c)  If the emergency temporary guardian is a guardian of
362	the person, the final report must summarize the activities of
363	the temporary guardian with regard to residential placement,
364	medical condition, mental health and rehabilitative services,
365	and the social condition of the ward to the extent of the
366	authority granted to the temporary guardian in the letters of
367	guardianship. If the emergency temporary guardian becomes the
368	successor guardian of the person, the report must satisfy the
369	requirements of the initial report for a guardian of the person
370	as stated in s. 744.362.
371	(d)  A copy of the final report of the emergency temporary
372	guardianship shall be served on the successor guardian and the
373	ward.
374	Section 6.  Section 744.304, Florida Statutes, is amended
375	to read:
376	744.304  Standby guardianship.--
377	(1)  Upon a petition by the natural guardians or a guardian
378	appointed under s. 744.3021, the court may appoint a standby
379	guardian of the person or property of a minor or consent of both
380	parents, natural or adoptive, if living, or of the surviving
381	parent, a standby guardian of the person or property of a minor
382	may be appointed by the court. The court may also appoint an
383	alternate to the guardian to act if the standby guardian does
384	not serve or ceases to serve after appointment. Notice of a
385	hearing on the petition must be served on the parents, natural
386	or adoptive, and on any guardian currently serving unless the
387	notice is waived in writing by them or waived by the court for
388	good cause shown shall renounce, die, or become incapacitated
389	after the death of the last surviving parent of the minor.
390	(2)  Upon petition of a currently serving guardian, a
391	standby guardian of the person or property of an incapacitated
392	person may be appointed by the court. Notice of the hearing
393	shall be served on the ward's next of kin.
394	(3)  The standby guardian or alternate shall be empowered
395	to assume the duties of guardianship his or her office
396	immediately on the death, removal, or resignation of the
397	guardian of a minor, or on the death or adjudication of
398	incapacity of the last surviving natural guardian or adoptive
399	parent of a minor, or upon the death, removal, or resignation of
400	the guardian for an adult. The; however, such a guardian of the
401	ward's property may not be empowered to deal with the ward's
402	property, other than to safeguard it, before prior to issuance
403	of letters of guardianship.  If the ward incapacitated person is
404	over the age of 18 years, the court shall conduct a hearing as
405	provided in s. 744.331 before confirming the appointment of the
406	standby guardian, unless the ward has previously been found to
407	be incapacitated.
408	(4)  Within 20 days after assumption of duties as guardian,
409	a standby guardian shall petition for confirmation of
410	appointment.  If the court finds the standby guardian to be
411	qualified to serve as guardian under pursuant to ss. 744.309 and
412	744.312, appointment of the guardian must be confirmed. Each
413	guardian so confirmed shall file an oath in accordance with s.
414	744.347, and shall file a bond, and shall submit to a credit and
415	criminal investigation as set forth in s. 744.3135, if required.
416	Letters of guardianship must then be issued in the manner
417	provided in s. 744.345.
418	(5)  After the assumption of duties by a standby guardian,
419	the court shall have jurisdiction over the guardian and the
420	ward.
421	Section 7.  Section 744.3115, Florida Statutes, is amended
422	to read:
423	744.3115  Advance directives for health care.--In each
424	proceeding in which a guardian is appointed under this chapter,
425	the court shall determine whether the ward, prior to incapacity,
426	has executed any valid advance directive under pursuant to
427	chapter 765. If any such advance directive exists, the court
428	shall specify in its order and letters of guardianship what
429	authority, if any, the guardian shall exercise over the
430	surrogate. Pursuant to the grounds listed in s. 765.105, the
431	court, upon its own motion, may, with notice to the surrogate
432	and any other appropriate parties, modify or revoke the
433	authority of the surrogate to make health care decisions for the
434	ward. For purposes of this section, the term "health care
435	decision" has the same meaning as in s. 765.101.
436	Section 8.  Section 744.3135, Florida Statutes, is amended
437	to read:
438	744.3135  Credit and criminal investigation.--
439	(1)  The court may require a nonprofessional guardian and
440	shall require a professional or public guardian, and all
441	employees of a professional guardian who have a fiduciary
442	responsibility to a ward, to submit, at their own expense, to an
443	investigation of the guardian's credit history and to undergo
444	level 2 background screening as required under s. 435.04. If a
445	credit or criminal investigation is required, the court must
446	consider the results of any investigation before appointing a
447	guardian. At any time, the court may require a guardian or the
448	guardian's employees to submit to an investigation of the
449	person's credit history and complete a level 1 background
450	screening as set forth in s. 435.03. The court shall consider
451	the results of any investigation when reappointing a guardian.
452	The clerk of the court shall maintain a file on each guardian
453	appointed by the court and retain in the file documentation of
454	the result of any investigation conducted under this section. A
455	professional guardian must pay the clerk of the court a fee of
456	up to $7.50 for handling and processing professional guardian
457	files.
458	(2)  The court and the Statewide Public Guardianship Office
459	shall accept the satisfactory completion of a criminal
460	background investigation by any method described in this
461	subsection. A guardian satisfies the requirements of this
462	section by undergoing:
463	(a)  An inkless electronic fingerprint criminal background
464	investigation. A guardian may use any inkless electronic
465	fingerprinting equipment used for criminal background
466	investigations of public employees. The guardian shall pay the
467	actual costs incurred by the Federal Bureau of Investigation and
468	the Department of Law Enforcement for the criminal background
469	investigation. The agency that operates the equipment used by
470	the guardian may charge the guardian an additional fee, not to
471	exceed $10, for the use of the equipment. The agency completing
472	the investigation must immediately send the results of the
473	criminal background investigation to the clerk of the court and
474	the Statewide Public Guardianship Office. The clerk of the court
475	shall maintain the results in the guardian's file and shall make
476	the results available to the court; or
477	(b)  A criminal background investigation using a
478	fingerprint card. The clerk of the court shall obtain
479	fingerprint cards from the Federal Bureau of Investigation and
480	make them available to guardians. Any guardian who is so
481	required shall have his or her fingerprints taken and forward
482	the proper fingerprint card along with the necessary fee to the
483	Florida Department of Law Enforcement for processing. The
484	professional guardian shall pay to the clerk of the court a fee
485	of up to $7.50 for handling and processing professional guardian
486	files. The results of the fingerprint card background
487	investigations checks shall be forwarded to the clerk of the
488	court who shall maintain the results in the guardian's a
489	guardian file and shall make the results available to the court
490	and the Statewide Public Guardianship Office.
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 his or her own expense, a level 2
494	background screening as set forth in s. 435.04 before and at
495	least once every 5 years after the date the guardian is
496	appointed. A professional guardian, and each employee of a
497	professional guardian who has a fiduciary responsibility to a
498	ward, must complete, at his or her own expense, a level 1
499	background screening as set forth in s. 435.03 at least once
500	every 2 years after the date the guardian is appointed. However,
501	a person is not required to resubmit fingerprints for a criminal
502	background investigation if he or she has been screened using
503	inkless electronic fingerprinting equipment that is capable of
504	notifying the clerk of the court of any crime charged against
505	the person in the State of Florida or elsewhere, as appropriate.
506	(b)  Effective December 15, 2005, all fingerprints
507	electronically submitted to the Department of Law Enforcement
508	under this section shall be retained by the Department of Law
509	Enforcement in a manner provided by rule and entered in the
510	statewide automated fingerprint identification system authorized
511	by s. 943.05(2)(b). The fingerprints shall thereafter be
512	available for all purposes and uses authorized for arrest
513	fingerprint cards entered in the statewide automated fingerprint
514	identification system under s. 943.051.
515	(c)  Effective December 15, 2005, the Department of Law
516	Enforcement shall search all arrest fingerprint cards received
517	under s. 943.051 against the fingerprints retained in the
518	statewide automated fingerprint identification system under
519	paragraph (b). Any arrest record that is identified with the
520	fingerprints of a person described in this paragraph must be
521	reported as soon as possible to the clerk of the court. The
522	clerk of the court must forward any arrest record received for a
523	professional guardian to the Statewide Public Guardianship
524	Office within 5 days. Each guardian who elects to undergo an
525	inkless electronic background investigation shall participate in
526	this search process by paying an annual fee to the clerk of the
527	court and by informing the clerk of the court of any change in
528	the status of his or her guardianship appointment. The amount of
529	the annual fee to be imposed upon each clerk of the court for
530	performing these searches and the procedures for the retention
531	of guardian fingerprints and the dissemination of search results
532	shall be established by rule of the Department of Law
533	Enforcement. The fee may be borne by the clerk of the court or
534	the guardian, but may not exceed $10.
535	(4)(a)  A professional guardian, and each employee of a
536	professional guardian who has a fiduciary responsibility to a
537	ward, must complete, at his or her own expense, an investigation
538	of his or her credit history before and at least once every 2
539	years after the date of the guardian's appointment.
540	(b)  The Statewide Public Guardianship Office shall adopt a
541	rule detailing the acceptable methods for completing a credit
542	investigation under this section. If appropriate, the Statewide
543	Public Guardianship Office may administer credit investigations.
544	If the office chooses to administer the credit investigation,
545	the office may adopt a rule setting a fee, not to exceed $25, to
546	reimburse the costs associated with the administration of a
547	credit investigation.
548	(5)  The Statewide Public Guardianship Office may inspect
549	at any time the results of any credit or criminal investigation
550	of a public or professional guardian conducted under this
551	section. The office shall maintain copies of the credit or
552	criminal results in the guardian's registration file. If the
553	results of a credit or criminal investigation of a public or
554	professional guardian have not been forwarded to the Statewide
555	Public Guardianship Office by the investigating agency, the
556	clerk of the court shall forward copies of the results of the
557	investigations to the office upon receiving them. If credit or
558	criminal investigations are required, the court must consider
559	the results of the investigations before appointing a guardian.
560	Professional guardians and all employees of a professional
561	guardian who have a fiduciary responsibility to a ward, so
562	appointed, must resubmit, at their own expense, to an
563	investigation of credit history, and undergo level 1 background
564	screening as required under s. 435.03, at least every 2 years
565	after the date of their appointment. At any time, the court may
566	require guardians or their employees to submit to an
567	investigation of credit history and undergo level 1 background
568	screening as required under s. 435.03. The court must consider
569	the results of these investigations in reappointing a guardian.
570	(1)  Upon receiving the results of a credit or criminal
571	investigation of any public or professional guardian, the clerk
572	of the court shall forward copies of the results to the
573	Statewide Public Guardianship Office in order that the results
574	may be maintained in the guardian's registration file.
575	(6)(2)  The requirements of this section do does not apply
576	to a professional guardian, or to the employees of a
577	professional guardian, that which is a trust company, a state
578	banking corporation or state savings association authorized and
579	qualified to exercise fiduciary powers in this state, or a
580	national banking association or federal savings and loan
581	association authorized and qualified to exercise fiduciary
582	powers in this state.
583	Section 9.  Subsection (4) of section 744.3145, Florida
584	Statutes, is amended to read:
585	744.3145  Guardian education requirements.--
586	(4)  Each person appointed by the court to be a guardian
587	must complete the required number of hours of instruction and
588	education within 4 months 1 year after his or her appointment as
589	guardian. The instruction and education must be completed
590	through a course approved by the chief judge of the circuit
591	court and taught by a court-approved organization. Court-
592	approved organizations may include, but are not limited to,
593	community or junior colleges, guardianship organizations, and
594	the local bar association or The Florida Bar.
595	Section 10.  Paragraph (i) of subsection (1) and subsection
596	(2) of section 744.3215, Florida Statutes, are amended to read:
597	744.3215  Rights of persons determined incapacitated.--
598	(1)  A person who has been determined to be incapacitated
599	retains the right:
600	(i)  To receive necessary services and rehabilitation
601	necessary to maximize the quality of life.
602	(2)  Rights that may be removed from a person by an order
603	determining incapacity but not delegated to a guardian include
604	the right:
605	(a)  To marry. If the right to enter into a contract has
606	been removed, the right to marry is subject to court approval.
607	(b)  To vote.
608	(c)  To personally apply for government benefits.
609	(d)  To have a driver's license.
610	(e)  To travel.
611	(f)  To seek or retain employment.
612	Section 11.  Subsections (2), (3), and (7) of section
613	744.331, Florida Statutes, are amended to read:
614	744.331  Procedures to determine incapacity.--
615	(2)  ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.--
616	(a)  When a court appoints an attorney for an alleged
617	incapacitated person, the court must appoint an attorney who is
618	included in the attorney registry compiled by the circuit's
619	Article V indigent services committee. Appointments must be made
620	on a rotating basis, taking into consideration conflicts arising
621	under this chapter.
622	(b)(a)  The court shall appoint an attorney for each person
623	alleged to be incapacitated in all cases involving a petition
624	for adjudication of incapacity.  The alleged incapacitated
625	person may substitute her or his own attorney for the attorney
626	appointed by the court, subject to court approval.
627	(c)(b)  Any attorney representing an alleged incapacitated
628	person may not serve as guardian of the alleged incapacitated
629	person or as counsel for the guardian of the alleged
630	incapacitated person or the petitioner.
631	(d)  Effective January 1, 2006, an attorney seeking to be
632	appointed by a court for incapacity and guardianship proceedings
633	must have completed a minimum of 8 hours of education in
634	guardianship. A court may waive the initial training requirement
635	for an attorney who has served as a court-appointed attorney in
636	incapacity proceedings or as an attorney of record for guardians
637	for not less than 3 years.
638	(3)  EXAMINING COMMITTEE.--
639	(a)  Within 5 days after a petition for determination of
640	incapacity has been filed, the court shall appoint an examining
641	committee consisting of three members. One member must be a
642	psychiatrist or other physician.  The remaining members must be
643	either a psychologist, gerontologist, another psychiatrist, or
644	other physician, a registered nurse, nurse practitioner,
645	licensed social worker, a person with an advanced degree in
646	gerontology from an accredited institution of higher education,
647	or other person who by knowledge, skill, experience, training,
648	or education may, in the court's discretion, advise the court in
649	the form of an expert opinion, including a professional
650	guardian. One of three members of the committee must have
651	knowledge of the type of incapacity alleged in the petition.
652	Unless good cause is shown, the attending or family physician
653	may not be appointed to the committee.  If the attending or
654	family physician is available for consultation, the committee
655	must consult with the physician. Members of the examining
656	committee may not be related to or associated with one another,
657	or with the petitioner, with counsel for the petitioner or the
658	proposed guardian, or with the person alleged to be totally or
659	partially incapacitated.  A member may not be employed by any
660	private or governmental agency that has custody of, or
661	furnishes, services or subsidies, directly or indirectly, to the
662	person or the family of the person alleged to be incapacitated
663	or for whom a guardianship is sought.  A petitioner may not
664	serve as a member of the examining committee. Members of the
665	examining committee must be able to communicate, either directly
666	or through an interpreter, in the language that the alleged
667	incapacitated person speaks or to communicate in a medium
668	understandable to the alleged incapacitated person if she or he
669	is able to communicate. The clerk of the court shall send notice
670	of the appointment to each person appointed no later than 3 days
671	after the court's appointment.
672	(b)  A person who has been appointed to serve as a member
673	of an examining committee to examine an alleged incapacitated
674	person may not thereafter be appointed as a guardian for the
675	person who was the subject of the examination.
676	(c)  Each person appointed to an examining committee must
677	file an affidavit with the court stating that he or she has
678	completed the required courses or will do so no later than 4
679	months after his or her initial appointment. Each year, the
680	chief judge of the circuit must prepare a list of persons
681	qualified to be members of the examining committee.
682	(d)  A member of an examining committee must complete a
683	minimum of 4 hours of initial training. The person must complete
684	2 hours of continuing education during each 2-year period after
685	the initial training. The initial training and continuing
686	education program must be developed under the supervision of the
687	Statewide Public Guardianship Office; in consultation with the
688	Florida Conference of Circuit Court Judges; the Elder Law and
689	the Real Property, Probate and Trust Law sections of The Florida
690	Bar; the Florida State Guardianship Association; and the Florida
691	Guardianship Foundation. The court may waive the initial
692	training requirement for a person who has served for not less
693	than 5 years on examining committees. If a person wishes to
694	obtain his or her continuing education on the Internet or by
695	watching a video course, the person must first obtain the
696	approval of the chief judge before taking an Internet or video
697	course.
698	(e)(b)  Each member of the examining committee shall
699	examine the person. Each The examining committee member must
700	shall determine the alleged incapacitated person's ability to
701	exercise those rights specified in s. 744.3215. In addition to
702	the examination, each the examining committee member must shall
703	have access to, and may consider, previous examinations of the
704	person, including, but not limited to, habilitation plans,
705	school records, and psychological and psychosocial reports
706	voluntarily offered for use by the alleged incapacitated person.
707	Each member of the examining committee must shall submit a
708	report within 15 days after appointment.
709	(f)(c)  The examination of the alleged incapacitated person
710	must include a comprehensive examination, a report of which
711	shall be filed by the examining committee as part of its written
712	report. The comprehensive examination report should be an
713	essential element, but not necessarily the only element, used in
714	making a capacity and guardianship decision.  The comprehensive
715	examination must include, if indicated:
716	1.  A physical examination;
717	2.  A mental health examination; and
718	3.  A functional assessment.
719
720	If any of these three aspects of the examination is not
721	indicated or cannot be accomplished for any reason, the written
722	report must explain the reasons for its omission.
723	(g)(d)  The committee's written report must include:
724	1.  To the extent possible, a diagnosis, prognosis, and
725	recommended course of treatment.
726	2.  An evaluation of the alleged incapacitated person's
727	ability to retain her or his rights, including, without
728	limitation, the rights to marry; vote; contract; manage or
729	dispose of property; have a driver's license; determine her or
730	his residence; consent to medical treatment; and make decisions
731	affecting her or his social environment.
732	3.  The results of the comprehensive examination and the
733	committee members' assessment of information provided by the
734	attending or family physician, if any.
735	4.  A description of any matters with respect to which the
736	person lacks the capacity to exercise rights, the extent of that
737	incapacity, and the factual basis for the determination that the
738	person lacks that capacity.
739	5.  The names of all persons present during the time the
740	committee member conducted his or her examination. If a person
741	other than the person who is the subject of the examination
742	supplies answers posed to the alleged incapacitated person, the
743	report must include the response and the name of the person
744	supplying the answer.
745	6.5.  The signature of each member of the committee and the
746	date and time each member conducted his or her examination.
747	(h)(e)  A copy of the report must be served on the
748	petitioner and on the attorney for the alleged incapacitated
749	person within 3 days after the report is filed and at least 5
750	days before the hearing on the petition.
751	(7)  FEES.--
752	(a)  The examining committee and any attorney appointed
753	under subsection (2) are entitled to reasonable fees to be
754	determined by the court.
755	(b)  The fees awarded under paragraph (a) shall be paid by
756	the guardian from the property of the ward or, if the ward is
757	indigent, by the state. The state shall have a creditor's claim
758	against the guardianship property for any amounts paid under
759	this section. The state may file its claim within 90 days after
760	the entry of an order awarding attorney ad litem fees. If the
761	state does not file its claim within the 90-day period, the
762	state is thereafter barred from asserting the claim. Upon
763	petition by the state for payment of the claim, the court shall
764	enter an order authorizing immediate payment out of the property
765	of the ward. The state shall keep a record of the such payments.
766	(c)  If the petition is dismissed, costs and attorney's
767	fees of the proceeding may be assessed against the petitioner if
768	the court finds the petition to have been filed in bad faith.
769	Section 12.  Present subsection (4) of section 744.341,
770	Florida Statutes, is redesignated as subsection (5) and amended,
771	and a new subsection (4) is added to said section, to read:
772	744.341  Voluntary guardianship.--
773	(4)  A guardian must include in the annual report filed
774	with the court a certificate from a licensed physician who
775	examined the ward not more than 90 days before the annual report
776	is filed with the court. The certificate must certify that the
777	ward is competent to understand the nature of the guardianship
778	and of the ward's authority to delegate powers to the voluntary
779	guardian.
780	(5)(4)  A voluntary guardianship may be terminated by the
781	ward by filing a notice with the court that the voluntary
782	guardianship is terminated. The notice must be accompanied by a
783	certificate from a licensed physician who has examined the ward
784	not more than 30 days before the ward filed the notice with the
785	court. The physician must certify that the ward is competent to
786	understand the implications of terminating the guardianship. A
787	copy of the notice and certificate must be served on all
788	interested persons.
789	Section 13.  Subsection (9) is added to section 774.361,
790	Florida Statutes, to read:
791	744.361  Powers and duties of guardian.--
792	(9)  A professional guardian must ensure that each of the
793	guardian's wards is personally visited by the guardian or one of
794	the guardian's professional staff at least once each calendar
795	quarter. During the personal visit, the guardian or the
796	guardian's professional staff person shall assess:
797	(a)  The ward's physical appearance and condition.
798	(b)  The appropriateness of the ward's current living
799	situation.
800	(c)  The need for any additional services and the necessity
801	for continuation of existing services, taking into consideration
802	all aspects of social, psychological, educational, direct
803	service, health, and personal care needs.
804
805	This subsection does not apply to a professional guardian who
806	has been appointed only as guardian of the property.
807	Section 14.  Subsection (2) of section 744.365, Florida
808	Statutes, is amended to read:
809	744.365  Verified inventory.--
810	(2)  CONTENTS.--The verified inventory must include the
811	following:
812	(a)  All property of the ward, real and personal, that has
813	come into the guardian's possession or knowledge, including a
814	statement of all encumbrances, liens, and other secured claims
815	on any item, any claims against the property, and any cause of
816	action accruing to the ward, and any trusts of which the ward is
817	a beneficiary;
818	(b)  The location of the real and personal property in
819	sufficient detail so that it may be clearly identified or
820	located; and
821	(c)  A description of all sources of income, including,
822	without limitation, social security benefits and pensions.
823	Section 15.  Subsections (1) and (3) of section 744.367,
824	Florida Statutes, are amended to read:
825	744.367  Duty to file annual guardianship report.--
826	(1)  Unless the court requires filing on a calendar-year
827	basis, each guardian of the person shall file with the court an
828	annual guardianship plan within 90 days after the last day of
829	the anniversary month the letters of guardianship were signed,
830	and the plan must cover the coming fiscal year, ending on the
831	last day in such anniversary month.  If the court requires
832	calendar-year filing, the guardianship plan must be filed on or
833	before April 1 of each year within 90 days after the end of the
834	calendar year.
835	(3)  The annual guardianship report of a guardian of the
836	property must consist of an annual accounting, and the annual
837	report of a guardian of the person of an incapacitated person
838	must consist of an annual guardianship plan. The annual report
839	shall be served on the ward, unless the ward is a minor under
840	the age of 14 years or is totally incapacitated, and on the
841	attorney for the ward, if any. The guardian shall provide a copy
842	to any other person as the court may direct.
843	Section 16.  Section 744.3675, Florida Statutes, is amended
844	to read:
845	744.3675  Annual guardianship plan.--Each guardian of the
846	person must file with the court an annual guardianship plan
847	which updates information about the condition of the ward.  The
848	annual plan must specify the current needs of the ward and how
849	those needs are proposed to be met in the coming year.
850	(1)  Each plan for an adult ward must, if applicable,
851	include:
852	(a)  Information concerning the residence of the ward,
853	including:
854	1.  The ward's address at the time of filing the plan;
855	2.  The name and address of each place where the ward was
856	maintained during the preceding year;
857	3.  The length of stay of the ward at each place;
858	4.  A statement of whether the current residential setting
859	is best suited for the current needs of the ward; and
860	5.  Plans for ensuring during the coming year that the ward
861	is in the best residential setting to meet his or her needs.
862	(b)  Information concerning the medical and mental health
863	conditions condition and treatment and rehabilitation needs of
864	the ward, including:
865	1.  A resume of any professional medical treatment given to
866	the ward during the preceding year;
867	2.  The report of a physician who examined the ward no more
868	than 90 days before the beginning of the applicable reporting
869	period. The Such report must contain an evaluation of the ward's
870	condition and a statement of the current level of capacity of
871	the ward; and
872	3.  The plan for providing provision of medical, mental
873	health, and rehabilitative services in the coming year.
874	(c)  Information concerning the social condition of the
875	ward, including:
876	1.  The social and personal services currently used
877	utilized by the ward.;
878	2.  The social skills of the ward, including a statement of
879	how well the ward communicates and maintains interpersonal
880	relationships. with others;
881	3.  A description of the ward's activities at communication
882	and visitation; and
883	3.4.  The social needs of the ward.
884	(2)  Each plan filed by the legal guardian of a minor must
885	include:
886	(a)  Information concerning the residence of the minor,
887	including:
888	1.  The minor's address at the time of filing the plan.
889	2.  The name and address of each place where the minor
890	lived during the preceding year.
891	(b)  Information concerning the medical and mental health
892	conditions and treatment and rehabilitation needs of the minor,
893	including:
894	1.  A resume of any professional medical treatment given to
895	the minor during the preceding year.
896	2.  A report from the physician who examined the minor no
897	more than 180 days before the beginning of the applicable
898	reporting period that contains an evaluation of the minor's
899	physical and mental conditions.
900	3.  The plan for providing medical services in the coming
901	year.
902	(c)  Information concerning the education of the minor,
903	including:
904	1.  A summary of the school progress report.
905	2.  The social development of the minor, including a
906	statement of how well the minor communicates and maintains
907	interpersonal relationships.
908	3.  The social needs of the minor.
909	(3)(2)  Each plan for an adult ward must address the issue
910	of restoration of rights to the ward and include:
911	(a)  A summary of activities during the preceding year
912	which were designed to enhance increase the capacity of the
913	ward;
914	(b)  A statement of whether the ward can have any rights
915	restored; and
916	(c)  A statement of whether restoration of any rights will
917	be sought.
918	(4)(3)  The court, in its discretion, may require
919	reexamination of the ward by a physician at any time.
920	Section 17.  Subsections (2) and (3) of section 744.3678,
921	Florida Statutes, are amended to read:
922	744.3678  Annual accounting.--
923	(2)  The annual accounting must include:
924	(a)  A full and correct account of the receipts and
925	disbursements of all of the ward's property over which the
926	guardian has control and a statement of the ward's property on
927	hand at the end of the accounting period. This paragraph does
928	not apply to any property under the control of the guardian,
929	including any trust of which the ward is a beneficiary but which
930	is not under the control or administration of the guardian.
931	(b)  A copy of the annual or year-end statement of all of
932	the ward's cash accounts from each of the institutions where the
933	cash is deposited.
934	(3)  The guardian must obtain a receipt, or canceled check,
935	or other proof of payment for all expenditures and disbursements
936	made on behalf of the ward. The guardian must preserve all
937	evidence of payment the receipts and canceled checks, along with
938	other substantiating papers, for a period of 3 years after his
939	or her discharge. The receipts, proofs of payment checks, and
940	substantiating papers need not be filed with the court but shall
941	be made available for inspection and review at the such time and
942	in such place and before such persons as the court may from time
943	to time order.
944	Section 18.  Section 744.3679, Florida Statutes, is amended
945	to read:
946	744.3679  Simplified accounting procedures in certain
947	cases.--
948	(1)  In a guardianship of property, when all assets of the
949	estate are in designated depositories under s. 69.031 and the
950	only transactions that occur in that account are interest
951	accrual, deposits from a pursuant to settlement, or financial
952	institution service charges, the guardian may elect to file an
953	accounting consisting of:
954	(a)  The original or a certified copy of the year-end
955	statement of the ward's account from the financial institution;
956	and
957	(b)  A statement by the guardian under penalty of perjury
958	that the guardian has custody and control of the ward's property
959	as shown in the year-end statement.
960	(2)  The clerk has no responsibility to monitor or audit
961	the accounts and may not accept a fee for doing so.
962	(2)(3)  The accounting allowed by subsection (1) is in lieu
963	of the accounting and auditing procedures under s. 744.3678(2)
964	ss. 744.3678 and 744.368(1)(f). However, any interested party
965	may seek judicial review as provided in s. 744.3685.
966	(3)(4)  The guardian need not be represented by an attorney
967	in order to file the annual accounting allowed by subsection
968	(1).
969	Section 19.  Subsection (3) of section 744.368, Florida
970	Statutes, is amended to read:
971	744.368  Responsibilities of the clerk of the circuit
972	court.--
973	(3)  Within 90 days after the filing of the verified
974	inventory and accountings initial or annual guardianship report
975	by a guardian of the property, the clerk shall audit the
976	verified inventory and or the accountings annual accounting. The
977	clerk shall advise the court of the results of the audit.
978	Section 20.  Subsection (19) of section 744.441, Florida
979	Statutes, is amended to read:
980	744.441  Powers of guardian upon court approval.--After
981	obtaining approval of the court pursuant to a petition for
982	authorization to act, a plenary guardian of the property, or a
983	limited guardian of the property within the powers granted by
984	the order appointing the guardian or an approved annual or
985	amended guardianship report, may:
986	(19)  Create or amend revocable or irrevocable trusts of
987	property of the ward's estate which may extend beyond the
988	disability or life of the ward in connection with estate, gift,
989	income, or other tax planning or in connection with estate
990	planning. The court shall retain oversight of the assets
991	transferred to a trust, unless otherwise ordered by the court.
992	Section 21.  Section 744.442, Florida Statutes, is created
993	to read:
994	744.442  Delegation of authority.--
995	(1)  A guardian may designate a surrogate guardian to
996	exercise the powers of the guardian if the guardian is
997	unavailable to act. A person designated as a surrogate guardian
998	under this section must be a professional guardian.
999	(2)(a)  A guardian must file a petition with the court
1000	requesting permission to designate a surrogate guardian.
1001	(b)  If the court approves the designation, the order must
1002	specify the name and business address of the surrogate guardian
1003	and the duration of appointment, which may not exceed 30 days.
1004	The court may extend the appointment for good cause shown. The
1005	surrogate guardian may exercise all powers of the guardian
1006	unless limited by order of the court. The surrogate guardian
1007	must file with the court an oath swearing or affirming that he
1008	or she will faithfully perform the duties delegated. The court
1009	may require the surrogate guardian to post a bond.
1010	(3)  This section does not limit the responsibility of the
1011	guardian to the ward and to the court. The guardian is liable
1012	for the acts of the surrogate guardian. The guardian may
1013	terminate the authority of the surrogate guardian by filing a
1014	written notice of the termination with the court.
1015	(4)  The surrogate guardian is subject to the jurisdiction
1016	of the court as if appointed to serve as guardian.
1017	Section 22.  Paragraphs (c), (e), and (f) of subsection (2)
1018	and subsection (4) of section 744.464, Florida Statutes, are
1019	amended to read:
1020	744.464  Restoration to capacity.--
1021	(2)  SUGGESTION OF CAPACITY.--
1022	(c)  The court shall immediately send notice of the filing
1023	of the suggestion of capacity to the ward, the guardian, the
1024	attorney for the ward, if any, the state attorney, and any other
1025	interested persons designated by the court.  Formal notice must
1026	be served on the guardian.  Informal notice may be served on
1027	other persons. Notice need not be served on the person who filed
1028	the suggestion of capacity.
1029	(e)  If an objection is timely filed, or if the medical
1030	examination suggests that full restoration is not appropriate,
1031	the court shall set the matter for hearing.  If the ward does
1032	not have an attorney, the court shall appoint one to represent
1033	the ward.
1034	(f)  Notice of the hearing and copies of the objections and
1035	medical examination reports shall be served upon the ward, the
1036	ward's attorney, the guardian, the state attorney, the ward's
1037	next of kin, and any other interested persons as directed by the
1038	court.
1039	(4)  TIME LIMITATION FOR FILING SUGGESTION OF
1040	CAPACITY.--Notwithstanding this section, a suggestion of
1041	capacity may not be filed within 90 days after an adjudication
1042	of incapacity or denial of restoration, unless good cause is
1043	shown.
1044	Section 23.  Paragraph (a) of subsection (19) of section
1045	744.474, Florida Statutes, is amended, and paragraph (b) of said
1046	subsection is redesignated as subsection (20) of said section
1047	and amended, to read:
1048	744.474  Reasons for removal of guardian.--A guardian may
1049	be removed for any of the following reasons, and the removal
1050	shall be in addition to any other penalties prescribed by law:
1051	(19)  Upon a showing by a person who did not receive notice
1052	of the petition for adjudication of incapacity, when such notice
1053	is required, or who is related to the ward within the
1054	relationships specified for nonresident relatives in ss.
1055	744.309(2) and 744.312(2) and who has not previously been
1056	rejected by the court as a guardian that:
1057	(a)  the current guardian is not a family member; and
1058	subsection (20) applies.
1059	(20)(b)  Upon a showing that removal of the current
1060	guardian is in the best interest of the ward, the court may
1061	remove the current guardian and appoint the petitioner, or such
1062	person as the court deems in the best interest of the ward,
1063	either as guardian of the person or of the property, or both.
1064	Section 24.  Section 744.511, Florida Statutes, is amended
1065	to read:
1066	744.511  Accounting upon removal.--A removed guardian shall
1067	file with the court a true, complete, and final report of his or
1068	her guardianship within 20 days after removal and shall serve a
1069	copy on the successor guardian and the ward, unless the ward is
1070	a minor under 14 years of age or has been determined to be
1071	totally incapacitated.
1072	Section 25.  Section 744.527, Florida Statutes, is amended
1073	to read:
1074	744.527  Final reports and application for discharge;
1075	hearing.--
1076	(1)  When the court terminates the guardianship for any of
1077	the reasons set forth in s. 744.521, the guardian shall promptly
1078	file his or her final report. If the ward has died, the guardian
1079	must file a final report with the court no later than 45 days
1080	after he or she has been served with letters of administration
1081	or letters of curatorship. If no objections are filed and if it
1082	appears that the guardian has made full and complete
1083	distribution to the person entitled and has otherwise faithfully
1084	discharged his or her duties, the court shall approve the final
1085	report.  If objections are filed, the court shall conduct a
1086	hearing in the same manner as provided for a hearing on
1087	objections to annual guardianship reports.
1088	(2)  The guardian applying for discharge may is authorized
1089	to retain from the funds in his or her possession a sufficient
1090	amount to pay the final costs of administration, including
1091	guardian and attorney's fees regardless of the death of the
1092	ward, accruing between the filing of his or her final returns
1093	and the order of discharge.
1094	Section 26.  Subsection (3) of section 744.528, Florida
1095	Statutes, is amended to read:
1096	744.528  Discharge of guardian named as personal
1097	representative.--
1098	(3)  Any interested person may file a notice of The court
1099	shall set a hearing on any objections filed by the
1100	beneficiaries. Notice of the hearing must shall be served upon
1101	the guardian, beneficiaries of the ward's estate, and any other
1102	person to whom the court directs service. If a notice of hearing
1103	on the objections is not served within 90 days after filing of
1104	the objections, the objections are deemed abandoned.
1105	Section 27.  Subsection (6) of section 744.708, Florida
1106	Statutes, is amended to read:
1107	744.708  Reports and standards.--
1108	(6)  A The public guardian shall ensure that each of the
1109	guardian's wards is personally visited ward is seen by the
1110	public guardian or by a professional staff person of the public
1111	guardian at least once each calendar quarter four times a year.
1112	During this personal visit, the public guardian or the
1113	professional staff person shall assess:
1114	(a)  The ward's physical appearance and condition.
1115	(b)  The appropriateness of the ward's current living
1116	situation.
1117	(c)  The need for any additional services and the necessity
1118	for continuation of existing services, taking into consideration
1119	all aspects of social, psychological, educational, direct
1120	service, health, and personal care needs.
1121	Section 28.  Paragraph (a) of subsection (5) of section
1122	765.101, Florida Statutes, is amended to read:
1123	765.101  Definitions.--As used in this chapter:
1124	(5)  "Health care decision" means:
1125	(a)  Informed consent, refusal of consent, or withdrawal of
1126	consent to any and all health care, including life-prolonging
1127	procedures and mental health treatment, unless otherwise stated
1128	in the advance directives.
1129	Section 29.  Section 28.345, Florida Statutes, is amended
1130	to read:
1131	28.345  Exemption from court-related fees and
1132	charges.--Notwithstanding any other provision of this chapter or
1133	law to the contrary, judges, state attorneys, guardians ad
1134	litem, public guardians, and public defenders, acting in their
1135	official capacity, and state agencies, are exempt from all
1136	court-related fees and charges assessed by the clerks of the
1137	circuit courts.
1138	Section 30.  Paragraph (c) of subsection (8) of section
1139	121.091, Florida Statutes, is amended to read:
1140	121.091  Benefits payable under the system.--Benefits may
1141	not be paid under this section unless the member has terminated
1142	employment as provided in s. 121.021(39)(a) or begun
1143	participation in the Deferred Retirement Option Program as
1144	provided in subsection (13), and a proper application has been
1145	filed in the manner prescribed by the department. The department
1146	may cancel an application for retirement benefits when the
1147	member or beneficiary fails to timely provide the information
1148	and documents required by this chapter and the department's
1149	rules. The department shall adopt rules establishing procedures
1150	for application for retirement benefits and for the cancellation
1151	of such application when the required information or documents
1152	are not received.
1153	(8)  DESIGNATION OF BENEFICIARIES.--
1154	(c)  Notwithstanding the member's designation of benefits
1155	to be paid through a trust to a beneficiary that is a natural
1156	person as provided in s. 121.021(46), and notwithstanding the
1157	provisions of the trust, benefits shall be paid directly to the
1158	beneficiary if the such person is no longer a minor or an
1159	incapacitated person as defined in s. 744.102(12)(11) and
1160	(13)(12).
1161	Section 31.  Subsection (1) and paragraphs (b), (d), and
1162	(f) of subsection (4) of section 709.08, Florida Statutes, are
1163	amended to read:
1164	709.08  Durable power of attorney.--
1165	(1)  CREATION OF DURABLE POWER OF ATTORNEY.--A durable
1166	power of attorney is a written power of attorney by which a
1167	principal designates another as the principal's attorney in
1168	fact. The durable power of attorney must be in writing, must be
1169	executed with the same formalities required for the conveyance
1170	of real property by Florida law, and must contain the words:
1171	"This durable power of attorney is not affected by subsequent
1172	incapacity of the principal except as provided in s. 709.08,
1173	Florida Statutes"; or similar words that show the principal's
1174	intent that the authority conferred is exercisable
1175	notwithstanding the principal's subsequent incapacity, except as
1176	otherwise provided by this section.  The durable power of
1177	attorney is exercisable as of the date of execution; however, if
1178	the durable power of attorney is conditioned upon the
1179	principal's lack of capacity to manage property as defined in s.
1180	744.102(12)(11)(a), the durable power of attorney is exercisable
1181	upon the delivery of affidavits in paragraphs (4)(c) and (d) to
1182	the third party.
1183	(4)  PROTECTION WITHOUT NOTICE; GOOD FAITH ACTS;
1184	AFFIDAVITS.--
1185	(b)  Any third party may rely upon the authority granted in
1186	a durable power of attorney that is conditioned on the
1187	principal's lack of capacity to manage property as defined in s.
1188	744.102(12)(11)(a) only after receiving the affidavits provided
1189	in paragraphs (c) and (d), and such reliance shall end when the
1190	third party has received notice as provided in subsection (5).
1191	(d)  A determination that a principal lacks the capacity to
1192	manage property as defined in s. 744.102(12)(11)(a) must be made
1193	and evidenced by the affidavit of a physician licensed to
1194	practice medicine pursuant to chapters 458 and 459 as of the
1195	date of the affidavit. A judicial determination that the
1196	principal lacks the capacity to manage property pursuant to
1197	chapter 744 is not required prior to the determination by the
1198	physician and the execution of the affidavit. For purposes of
1199	this section, the physician executing the affidavit must be the
1200	primary physician who has responsibility for the treatment and
1201	care of the principal. The affidavit executed by a physician
1202	must state where the physician is licensed to practice medicine,
1203	that the physician is the primary physician who has
1204	responsibility for the treatment and care of the principal, and
1205	that the physician believes that the principal lacks the
1206	capacity to manage property as defined in s. 744.102(12)(11)(a).
1207	The affidavit may, but need not, be in the following form:
1208
1209	STATE OF_______________
1210	COUNTY OF_______________
1211
1212	Before me, the undersigned authority, personally appeared
1213	(name of physician)  , Affiant, who swore or affirmed that:
1214	1.  Affiant is a physician licensed to practice medicine in
1215	(name of state, territory, or foreign country)  .
1216	2.  Affiant is the primary physician who has responsibility
1217	for the treatment and care of   (principal's name)  .
1218	3.  To the best of Affiant's knowledge after reasonable
1219	inquiry, Affiant believes that the principal lacks the capacity
1220	to manage property, including taking those actions necessary to
1221	obtain, administer, and dispose of real and personal property,
1222	intangible property, business property, benefits, and income.
1223
1224
1225	____________________
1226	(Affiant)
1227
1228	Sworn to (or affirmed) and subscribed before me this   (day
1229	of)     (month)  ,   (year)  , by   (name of person making
1230	statement)
1231
1232	(Signature of Notary Public-State of Florida)
1233
1234	(Print, Type, or Stamp Commissioned Name of Notary Public)
1235
1236	Personally Known OR Produced Identification
1237	(Type of Identification Produced)
1238	(f)  A third party may not rely on the authority granted in
1239	a durable power of attorney conditioned on the principal's lack
1240	of capacity to manage property as defined in s.
1241	744.102(12)(11)(a) when any affidavit presented has been
1242	executed more than 6 months prior to the first presentation of
1243	the durable power of attorney to the third party.
1244	Section 32.  Subsection (3) of section 744.1085, Florida
1245	Statutes, is amended to read:
1246	744.1085  Regulation of professional guardians;
1247	application; bond required; educational requirements.--
1248	(3)  Each professional guardian defined in s.
1249	744.102(17)(16) and public guardian must receive a minimum of 40
1250	hours of instruction and training. Each professional guardian
1251	must receive a minimum of 16 hours of continuing education every
1252	2 calendar years after the year in which the initial 40-hour
1253	educational requirement is met. The instruction and education
1254	must be completed through a course approved or offered by the
1255	Statewide Public Guardianship Office. The expenses incurred to
1256	satisfy the educational requirements prescribed in this section
1257	may not be paid with the assets of any ward. This subsection
1258	does not apply to any attorney who is licensed to practice law
1259	in this state.
1260	Section 33.  For the purpose of incorporating the amendment
1261	made by this act to section 744.3215, Florida Statutes, in a
1262	reference thereto, subsection (4) of section 117.107, Florida
1263	Statutes, is reenacted to read:
1264	117.107  Prohibited acts.--
1265	(4)  A notary public may not take the acknowledgment of or
1266	administer an oath to a person whom the notary public actually
1267	knows to have been adjudicated mentally incapacitated by a court
1268	of competent jurisdiction, where the acknowledgment or oath
1269	necessitates the exercise of a right that has been removed
1270	pursuant to s. 744.3215(2) or (3), and where the person has not
1271	been restored to capacity as a matter of record.
1272	Section 34.  Subsection (13) of section 318.18, Florida
1273	Statutes, is amended to read:
1274	318.18  Amount of civil penalties.--The penalties required
1275	for a noncriminal disposition pursuant to s. 318.14 are as
1276	follows:
1277	(13)  In addition to any penalties imposed for noncriminal
1278	traffic infractions under pursuant to this chapter or imposed
1279	for criminal violations listed in s. 318.17, notwithstanding s.
1280	318.121, a board of county commissioners or any unit of local
1281	government which is consolidated as provided by s. 9, Art. VIII
1282	of the State Constitution of 1885, as preserved by s. 6(e), Art.
1283	VIII of the Constitution of 1968:
1284	(a)  May impose by ordinance a surcharge of up to $15 for
1285	any infraction or violation to fund state court facilities. The
1286	court may shall not waive this surcharge.
1287	(b)  That imposed increased fees or service charges by
1288	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
1289	purpose of securing payment of the principal and interest on
1290	bonds issued by the county before July 1, 2003, to finance state
1291	court facilities, may impose by ordinance a surcharge for any
1292	infraction or violation for the exclusive purpose of securing
1293	payment of the principal and interest on bonds issued by the
1294	county before July 1, 2003, to fund state court facilities until
1295	the date of stated maturity. The court may shall not waive this
1296	surcharge. The Such surcharge may not exceed an amount per
1297	violation calculated as the quotient of the maximum annual
1298	payment of the principal and interest on the bonds as of July 1,
1299	2003, divided by the number of traffic citations for county
1300	fiscal year 2002-2003 certified as paid by the clerk of the
1301	court of the county. The Such quotient shall be rounded up to
1302	the next highest dollar amount. The bonds may be refunded only
1303	if savings will be realized on payments of debt service and the
1304	refunding bonds are scheduled to mature on the same date or
1305	before the bonds being refunded.
1306	(c)  May impose an additional $15 surcharge to fund the
1307	county's participation in the public guardianship program under
1308	chapter 744. Imposition of this surcharge must be by vote of
1309	two-thirds of the board of county commissioners or after a
1310	referendum approved by the electors of the county. Before
1311	imposing the surcharge, the county commission must demonstrate
1312	that available revenue sources are insufficient to fund such
1313	participation. The court may not waive this surcharge.
1314
1315	A county may not impose both of the surcharges authorized under
1316	both paragraphs (a) and (b) concurrently.
1317	Section 35.  Section 938.065, Florida Statutes, is created
1318	to read:
1319	938.065  Additional cost for public guardianship
1320	programs.--
1321	(1)  In addition to any fine prescribed by law for any
1322	misdemeanor offense, there is assessed as a court cost an
1323	additional surcharge of $18 on each fine, which shall be imposed
1324	by each county and circuit court and collected by the clerk of
1325	the court together with the fine.
1326	(2)  The clerk of the court shall collect and forward, on a
1327	monthly basis, all costs assessed under this section, less $3
1328	per assessment as a service charge to be retained by the clerk,
1329	to the Department of Revenue for deposit into the General
1330	Revenue Fund. The funds collected shall be used exclusively to
1331	fund public guardianship programs in this state.
1332	Section 36.  This act shall take effect July 1, 2005.

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