Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 1958
Barcode 810882
CHAMBER ACTION
Senate House
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11 The Committee on Children and Families (Campbell) recommended
12 the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 17, line 12, through
16 page 21, line 5, delete those lines
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18 and insert: appointed by the court and retain in the file
19 documentation of the result of any investigation conducted
20 under this section. A professional guardian must pay the clerk
21 of the court a fee of up to $7.50 for handling and processing
22 professional guardian files.
23 (2) The court and the Statewide Public Guardianship
24 Office shall accept the satisfactory completion of a criminal
25 history record check by any method described in this
26 subsection. A guardian satisfies the requirements of this
27 section by undergoing:
28 (a) An electronic fingerprint criminal history record
29 check. A guardian may use any electronic fingerprinting
30 equipment used for criminal history record checks of public
31 employees. The guardian shall pay the actual costs incurred by
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 1958
Barcode 810882
1 the Federal Bureau of Investigation or the Florida Department
2 of Law Enforcement for the criminal history record check. The
3 agency that operates the equipment used by the guardian may
4 charge the guardian an additional fee, not to exceed $10, for
5 the use of the equipment. The agency completing the
6 investigation must immediately send the results of the
7 criminal history record check to the clerk of the court and
8 the Statewide Public Guardianship Office. The clerk of the
9 court shall maintain the results in the guardian's file and
10 shall make the results available to the court; or
11 (b) A criminal history record check using a
12 fingerprint card. The clerk of the court shall obtain
13 fingerprint cards from the Federal Bureau of Investigation and
14 make them available to guardians. Any guardian who is so
15 required shall have his or her fingerprints taken and forward
16 the proper fingerprint card along with the necessary fee to
17 the Florida Department of Law Enforcement for processing. The
18 professional guardian shall pay to the clerk of the court a
19 fee of up to $7.50 for handling and processing professional
20 guardian files. The results of the fingerprint card criminal
21 history record checks shall be forwarded to the clerk of the
22 court who shall maintain the results in the guardian's a
23 guardian file and shall make the results available to the
24 court and the Statewide Public Guardianship Office. If credit
25 or criminal investigations are required, the court must
26 consider the results of the investigations before appointing a
27 guardian. Professional guardians and all employees of a
28 professional guardian who have a fiduciary responsibility to a
29 ward, so appointed, must resubmit, at their own expense, to an
30 investigation of credit history, and undergo level 1
31 background screening as required under s. 435.03, at least
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 1958
Barcode 810882
1 every 2 years after the date of their appointment. At any
2 time, the court may require guardians or their employees to
3 submit to an investigation of credit history and undergo level
4 1 background screening as required under s. 435.03. The court
5 must consider the results of these investigations in
6 reappointing a guardian.
7 (3)(a) A professional guardian, and each employee of a
8 professional guardian who has a fiduciary responsibility to a
9 ward, must complete, at his or her own expense, a level 2
10 background screening as set forth in s. 435.04, before and at
11 least once every 5 years after the date the guardian is
12 appointed. A professional guardian, and each employee of a
13 professional guardian who has a fiduciary responsibility to a
14 ward, must complete, at his or her own expense, a level 1
15 background screening as set forth in s. 435.03, at least once
16 every 2 years after the date the guardian is appointed.
17 However, a person is not required to resubmit fingerprints for
18 a criminal history record check if he or she has been screened
19 using electronic fingerprinting equipment and the fingerprints
20 are retained by the Florida Department of Law Enforcement in
21 order to notify the clerk of the court of any crime charged
22 against the person in the State of Florida or elsewhere as
23 appropriate.
24 (b) Effective December 15, 2005, all fingerprints
25 electronically submitted to the Department of Law Enforcement
26 under this section shall be retained by the Department of Law
27 Enforcement in a manner provided by rule and entered in the
28 statewide automated fingerprint identification system
29 authorized by s. 943.05(2)(b). The fingerprints shall
30 thereafter be available for all purposes and uses authorized
31 for arrest fingerprint cards entered in the statewide
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 1958
Barcode 810882
1 automated fingerprint identification system under s. 943.051.
2 (c) Effective December 15, 2005, the Department of Law
3 Enforcement shall search all arrest fingerprint cards received
4 under s. 943.051 against the fingerprints retained in the
5 statewide automated fingerprint identification system under
6 paragraph (b). Any arrest record that is identified with the
7 fingerprints of a person described in this paragraph must be
8 reported as soon as possible to the clerk of court. The clerk
9 of court must forward any arrest record received for a
10 professional guardian to the Statewide Public Guardianship
11 Office within 5 days. Each guardian who elects to submit
12 fingerprint information electronically shall participate in
13 this search process by paying an annual fee to the clerk of
14 the court and by informing the clerk of the court of any
15 change in the status of his or her guardianship appointment.
16 The amount of the annual fee to be imposed upon each clerk of
17 the court for performing these searches and the procedures for
18 the retention of guardian fingerprints and the dissemination
19 of search results shall be established by rule of the
20 Department of Law Enforcement. The fee may be borne by the
21 clerk of the court or the guardian, but may not exceed $10.
22 (4)(a) A professional guardian, and each employee of a
23 professional guardian who has a fiduciary responsibility to a
24 ward, must complete, at his or her own expense, an
25 investigation of the credit history of the person before and
26 at least once every 2 years after the date of the guardian's
27 appointment.
28 (b) The Statewide Public Guardianship Office shall
29 adopt a rule detailing the acceptable methods for completing a
30 credit investigation under this section. If appropriate, the
31 Statewide Public Guardianship Office may administer credit
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 1958
Barcode 810882
1 investigations. If the office chooses to administer the credit
2 investigation, the office may adopt a rule setting a fee, not
3 to exceed $25, to reimburse the costs associated with the
4 administration of a credit investigation.
5 (5) The Statewide Public Guardianship Office may
6 inspect at any time the results of any credit or criminal
7 investigation of a public or professional guardian conducted
8 under this section. The office shall maintain copies of the
9 credit or criminal history record results in the guardian's
10 registration
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13 ================ T I T L E A M E N D M E N T ===============
14 And the title is amended as follows:
15 On page 2, lines 11-17, delete those lines
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17 and insert:
18 completing a guardians' criminal history record
19 check; authorizing a guardian to use electronic
20 fingerprinting equipment that is available for
21 criminal history record checks of public
22 employees; providing that a guardian need not
23 be rescreened if he or she uses certain
24 electronic fingerprinting
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