Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1958
                        Barcode 810882
                            CHAMBER ACTION
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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
17  
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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    3:31 PM   04/21/05                           s1958c1c-cf32-c8d

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 2 3:31 PM 04/21/05 s1958c1c-cf32-c8d
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 3 3:31 PM 04/21/05 s1958c1c-cf32-c8d
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 4 3:31 PM 04/21/05 s1958c1c-cf32-c8d
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 11 12 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 16 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 25 26 27 28 29 30 31 5 3:31 PM 04/21/05 s1958c1c-cf32-c8d