(LATE FILED)	Amendment
Bill No. 0457

Amendment No. 247703

CHAMBER ACTION
Senate		House
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1	Representative Sands offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Section 744.102, Florida Statutes, is amended
6	to read:
7	744.102  Definitions.--As used in this chapter, the term:
8	(1)  "Attorney for the alleged incapacitated person" means
9	an attorney who represents the alleged incapacitated person. The
10	Such attorney shall represent the expressed wishes of the
11	alleged incapacitated person to the extent it is consistent with
12	the rules regulating The Florida Bar.
13	(2)  "Audit" means a systematic review of financial and all
14	other documents to ensure compliance with s. 744.368, rules of
15	court, and local procedures using generally accepted auditing
16	and accounting procedures.
17	(3)(2)  "Clerk" means the clerk or deputy clerk of the
18	court.
19	(4)(3)  "Corporate guardian" means a corporation authorized
20	to exercise fiduciary or guardianship powers in this state and
21	includes a nonprofit corporate guardian.
22	(5)(4)  "Court" means the circuit court.
23	(6)(5)  "Court monitor" means a person appointed by the
24	court under pursuant to s. 744.107 to provide the court with
25	information concerning a ward.
26	(7)(6)  "Estate" means the property of a ward subject to
27	administration.
28	(8)(7)  "Foreign guardian" means a guardian appointed in
29	another state or country.
30	(9)(8)  "Guardian" means a person who has been appointed by
31	the court to act on behalf of a ward's person or property, or
32	both.
33	(a)  "Limited guardian" means a guardian who has been
34	appointed by the court to exercise the legal rights and powers
35	specifically designated by court order entered after the court
36	has found that the ward lacks the capacity to do some, but not
37	all, of the tasks necessary to care for his or her person or
38	property, or after the person has voluntarily petitioned for
39	appointment of a limited guardian.
40	(b)  "Plenary guardian" means a person who has been
41	appointed by the court to exercise all delegable legal rights
42	and powers of the ward after the court has found that the ward
43	lacks the capacity to perform all of the tasks necessary to care
44	for his or her person or property.
45	(10)(9)  "Guardian ad litem" means a person who is
46	appointed by the court having jurisdiction of the guardianship
47	or a court in which a particular legal matter is pending to
48	represent a ward in that proceeding.
49	(11)(10)  "Guardian advocate" means a person appointed by a
50	written order of the court to represent a person with
51	developmental disabilities under s. 393.12. As used in this
52	chapter, the term does not apply to a guardian advocate
53	appointed for a person determined incompetent to consent to
54	treatment under s. 394.4598.
55	(12)(11)  "Incapacitated person" means a person who has
56	been judicially determined to lack the capacity to manage at
57	least some of the property or to meet at least some of the
58	essential health and safety requirements of the such person.
59	(a)  To "manage property" means to take those actions
60	necessary to obtain, administer, and dispose of real and
61	personal property, intangible property, business property,
62	benefits, and income.
63	(b)  To "meet essential requirements for health or safety"
64	means to take those actions necessary to provide the health
65	care, food, shelter, clothing, personal hygiene, or other care
66	without which serious and imminent physical injury or illness is
67	more likely than not to occur.
68	(13)(12)  "Minor" means a person under 18 years of age
69	whose disabilities have not been removed by marriage or
70	otherwise.
71	(14)(13)  "Next of kin" means those persons who would be
72	heirs at law of the ward or alleged incapacitated person if the
73	such person were deceased and includes the lineal descendants of
74	the such ward or alleged incapacitated person.
75	(15)(14)  "Nonprofit corporate guardian" means a nonprofit
76	corporation organized for religious or charitable purposes and
77	existing under the laws of this state.
78	(16)(15)  "Preneed guardian" means a person named in a
79	written declaration to serve as guardian in the event of the
80	incapacity of the declarant as provided in s. 744.3045.
81	(17)(16)  "Professional guardian" means any guardian who
82	receives or has at any time received compensation for services
83	rendered services to three or more than two wards as their
84	guardian. A person serving as a guardian for two or more
85	relatives as defined in s. 744.309(2) is not considered a
86	professional guardian. A public guardian shall be considered a
87	professional guardian for purposes of regulation, education, and
88	registration.
89	(18)(17)  "Property" means both real and personal property
90	or any interest in it and anything that may be the subject of
91	ownership.
92	(19)(18)  "Standby guardian" means a person empowered to
93	assume the duties of guardianship upon the death or adjudication
94	of incapacity of the last surviving natural or appointed
95	guardian.
96	(20)  "Surrogate guardian" means a guardian designated
97	according to s. 744.442.
98	(21)(19)  "Totally incapacitated" means incapable of
99	exercising any of the rights enumerated in s. 744.3215(2) and
100	(3).
101	(22)(20)  "Ward" means a person for whom a guardian has
102	been appointed.
103	Section 2.  Subsections (3), (7), and (10) of section
104	744.1083, Florida Statutes, are amended to read:
105	744.1083  Professional guardian registration.--
106	(3)  Registration must include the following:
107	(a)  Sufficient information to identify the professional
108	guardian, as follows:
109	1.  If the professional guardian is a natural person, the
110	name, address, date of birth, and employer identification or
111	social security number of the person professional guardian.
112	2.(b)  If the professional guardian is a partnership or
113	association, the name, address, and date of birth of every
114	member, and the employer identification number of the entity
115	partnership or association.
116	(c)  If the professional guardian is a corporation, the
117	name, address, and employer identification number of the
118	corporation; the name, address, and date of birth of each of its
119	directors and officers; the name of its resident agent; and the
120	name, address, and date of birth of each person having at least
121	a 10-percent interest in the corporation.
122	(d)  The name, address, date of birth, and employer
123	identification number, if applicable, of each person providing
124	guardian-delegated financial or personal guardianship services
125	for wards.
126	(b)(e)  Documentation that the bonding and educational
127	requirements of s. 744.1085 have been met.
128	(c)(f)  Sufficient information to distinguish a guardian
129	providing guardianship services as a public guardian,
130	individually, through partnership, corporation, or any other
131	business organization.
132	(7)  A trust company, a state banking corporation or state
133	savings association authorized and qualified to exercise
134	fiduciary powers in this state, or a national banking
135	association or federal savings and loan association authorized
136	and qualified to exercise fiduciary powers in this state, may,
137	but is not required to, register as a professional guardian
138	under this section. If a trust company, state banking
139	corporation, state savings association, national banking
140	association, or federal savings and loan association described
141	in this subsection elects to register as a professional guardian
142	under this subsection, the requirements of subsections (3) and
143	(4) do not apply and the registration must include only the
144	name, address, and employer identification number of the
145	registrant, the name and address of its registered agent, if
146	any, and the documentation described in paragraph (3)(b)(e).
147	(10)  A state college or university or an independent
148	college or university described in s. 1009.98(3)(a), may, but is
149	not required to, register as a professional guardian under this
150	section. If a state college or university or independent college
151	or university elects to register as a professional guardian
152	under this subsection, the requirements of subsections (3) and
153	(4) subsection (3) do not apply and the registration must
154	include only the name, address, and employer identification
155	number of the registrant.
156	Section 3.  Section 744.301, Florida Statutes, is amended
157	to read:
158	744.301  Natural guardians.--
159	(1)  The mother and father jointly are natural guardians of
160	their own children and of their adopted children, during
161	minority. If one parent dies, the surviving parent remains the
162	sole natural guardian even if he or she the natural guardianship
163	shall pass to the surviving parent, and the right shall continue
164	even though the surviving parent remarries. If the marriage
165	between the parents is dissolved, the natural guardianship
166	belongs shall belong to the parent to whom the custody of the
167	child is awarded. If the parents are given joint custody, then
168	both shall continue as natural guardians. If the marriage is
169	dissolved and neither the father nor the mother is given custody
170	of the child, neither shall act as natural guardian of the
171	child. The mother of a child born out of wedlock is the natural
172	guardian of the child and is entitled to primary residential
173	care and custody of the child unless a court of competent
174	jurisdiction enters an order stating otherwise.
175	(2)  The Natural guardian or guardians are authorized, on
176	behalf of any of their minor children, to:
177	(a)  Settle and consummate a settlement of any claim or
178	cause of action accruing to any of their minor children for
179	damages to the person or property of any of said minor children;
180	(b)  Collect, receive, manage, and dispose of the proceeds
181	of any such settlement;
182	(c)  Collect, receive, manage, and dispose of any real or
183	personal property distributed from an estate or trust;
184	(d)  Collect, receive, manage, and dispose of and make
185	elections regarding the proceeds from a life insurance policy or
186	annuity contract payable to, or otherwise accruing to the
187	benefit of, the child; and
188	(e)  Collect, receive, manage, dispose of, and make
189	elections regarding the proceeds of any benefit plan as defined
190	by s. 710.102, of which the minor is a beneficiary, participant,
191	or owner,
192
193	without appointment, authority, or bond, when the amounts
194	received, in the aggregate, do amount involved in any instance
195	does not exceed $15,000.
196	(3)  All instruments executed by a natural guardian for the
197	benefit of the ward under the powers specified provided for in
198	subsection (2) shall be binding on the ward. The natural
199	guardian may not, without a court order, use the property of the
200	ward for the guardian's benefit or to satisfy the guardian's
201	support obligation to the ward.
202	(4)(a)  In any case where a minor has a claim for personal
203	injury, property damage, or wrongful death in which the gross
204	settlement for the claim of the minor exceeds $15,000, the court
205	may, prior to the approval of the settlement of the minor's
206	claim, appoint a guardian ad litem to represent the minor's
207	interests. In any case in which the gross settlement involving a
208	minor equals or exceeds $25,000, the court shall, prior to the
209	approval of the settlement of the minor's claim, appoint a
210	guardian ad litem to represent the minor's interests. The
211	appointment of the guardian ad litem must be without the
212	necessity of bond or a notice. The duty of the guardian ad litem
213	is to protect the minor's interests. The procedure for carrying
214	out that duty is as prescribed in the Florida Probate Rules. If
215	a legal guardian of the minor has previously been appointed and
216	has no potential adverse interest to the minor, the court may
217	not appoint a guardian ad litem to represent the minor's
218	interests, unless the court determines that the appointment is
219	otherwise necessary.
220	(b)  Unless waived, the court shall award reasonable fees
221	and costs to the guardian ad litem to be paid out of the gross
222	proceeds of the settlement.
223	Section 4.  Section 744.3025, Florida Statutes, is created
224	to read:
225	744.3025  Claims of minors.--
226	(1)(a)  The court may appoint a guardian ad litem to
227	represent the minor's interest before approving a settlement of
228	the minor's portion of the claim in any case in which a minor
229	has a claim for personal injury, property damage, wrongful
230	death, or other cause of action in which the gross settlement of
231	the claim exceeds $15,000.
232	(b)  The court shall appoint a guardian ad litem to
233	represent the minor's interest before approving a settlement of
234	the minor's claim in any case in which the gross settlement
235	involving a minor equals or exceeds $50,000.
236	(c)  The appointment of the guardian ad litem must be
237	without the necessity of bond or notice.
238	(d)  The duty of the guardian ad litem is to protect the
239	minor's interests as described in the Florida Probate Rules.
240	(e)  A court need not appoint a guardian ad litem for the
241	minor if a guardian of the minor has previously been appointed
242	and that guardian has no potential adverse interest to the
243	minor. A court may appoint a guardian ad litem if the court
244	believes a guardian ad litem is necessary to protect the
245	interests of the minor.
246	(2)  Unless waived, the court shall award reasonable fees
247	and costs to the guardian ad litem to be paid out of the gross
248	proceeds of the settlement.
249	Section 5.  Subsection (3) of section 744.3031, Florida
250	Statutes, is amended, and subsection (8) is added to that
251	section, to read:
252	744.3031  Emergency temporary guardianship.--
253	(3)  The authority of an emergency temporary guardian
254	expires 90 60 days after the date of appointment or when a
255	guardian is appointed, whichever occurs first. The authority of
256	the emergency temporary guardian may be extended for an
257	additional 90 30 days upon a showing that the emergency
258	conditions still exist.
259	(8)(a)  An emergency temporary guardian shall file a final
260	report no later than 30 days after the expiration of the
261	emergency temporary guardianship.
262	(b)  If an emergency temporary guardian is a guardian for
263	the property, the final report must consist of a verified
264	inventory of the property, as provided in s. 744.365, as of the
265	date the letters of emergency temporary guardianship were
266	issued, a final accounting that gives a full and correct account
267	of the receipts and disbursements of all the property of the
268	ward over which the guardian had control, and a statement of the
269	property of the ward on hand at the end of the emergency
270	temporary guardianship. If the emergency temporary guardian
271	becomes the successor guardian of the property, the final report
272	must satisfy the requirements of the initial guardianship report
273	for the guardian of the property as provided in s. 744.362.
274	(c)  If the emergency temporary guardian is a guardian of
275	the person, the final report must summarize the activities of
276	the temporary guardian with regard to residential placement,
277	medical condition, mental health and rehabilitative services,
278	and the social condition of the ward to the extent of the
279	authority granted to the temporary guardian in the letters of
280	guardianship. If the emergency temporary guardian becomes the
281	successor guardian of the person, the report must satisfy the
282	requirements of the initial report for a guardian of the person
283	as stated in s. 744.362.
284	(d)  A copy of the final report of the emergency temporary
285	guardianship shall be served on the successor guardian and the
286	ward.
287	Section 6.  Section 744.304, Florida Statutes, is amended
288	to read:
289	744.304  Standby guardianship.--
290	(1)  Upon a petition by the natural guardians or a guardian
291	appointed under s. 744.3021, the court may appoint a standby
292	guardian of the person or property of a minor or consent of both
293	parents, natural or adoptive, if living, or of the surviving
294	parent, a standby guardian of the person or property of a minor
295	may be appointed by the court. The court may also appoint an
296	alternate to the guardian to act if the standby guardian does
297	not serve or ceases to serve after appointment. Notice of a
298	hearing on the petition must be served on the parents, natural
299	or adoptive, and on any guardian currently serving unless the
300	notice is waived in writing by them or waived by the court for
301	good cause shown shall renounce, die, or become incapacitated
302	after the death of the last surviving parent of the minor.
303	(2)  Upon petition of a currently serving guardian, a
304	standby guardian of the person or property of an incapacitated
305	person may be appointed by the court. Notice of the hearing
306	shall be served on the ward's next of kin.
307	(3)  The standby guardian or alternate shall be empowered
308	to assume the duties of guardianship his or her office
309	immediately on the death, removal, or resignation of the
310	guardian of a minor, or on the death or adjudication of
311	incapacity of the last surviving natural guardian or adoptive
312	parent of a minor, or upon the death, removal, or resignation of
313	the guardian for an adult. The; however, such a guardian of the
314	ward's property may not be empowered to deal with the ward's
315	property, other than to safeguard it, before prior to issuance
316	of letters of guardianship. If the ward incapacitated person is
317	over the age of 18 years, the court shall conduct a hearing as
318	provided in s. 744.331 before confirming the appointment of the
319	standby guardian, unless the ward has previously been found to
320	be incapacitated.
321	(4)  Within 20 days after assumption of duties as guardian,
322	a standby guardian shall petition for confirmation of
323	appointment. If the court finds the standby guardian to be
324	qualified to serve as guardian under pursuant to ss. 744.309 and
325	744.312, appointment of the guardian must be confirmed. Each
326	guardian so confirmed shall file an oath in accordance with s.
327	744.347, and shall file a bond, and shall submit to a credit and
328	a criminal history record check as set forth in s. 744.3135, if
329	required. Letters of guardianship must then be issued in the
330	manner provided in s. 744.345.
331	(5)  After the assumption of duties by a standby guardian,
332	the court shall have jurisdiction over the guardian and the
333	ward.
334	Section 7.  Section 744.3115, Florida Statutes, is amended
335	to read:
336	744.3115  Advance directives for health care.--In each
337	proceeding in which a guardian is appointed under this chapter,
338	the court shall determine whether the ward, prior to incapacity,
339	has executed any valid advance directive under pursuant to
340	chapter 765. If any such advance directive exists, the court
341	shall specify in its order and letters of guardianship what
342	authority, if any, the guardian shall exercise over the
343	surrogate. Pursuant to the grounds listed in s. 765.105, the
344	court, upon its own motion, may, with notice to the surrogate
345	and any other appropriate parties, modify or revoke the
346	authority of the surrogate to make health care decisions for the
347	ward. For purposes of this section, the term "health care
348	decision" has the same meaning as in s. 765.101.
349	Section 8.  Section 744.3135, Florida Statutes, is amended
350	to read:
351	744.3135  Credit and criminal investigation.--
352	(1)  The court may require a nonprofessional guardian and
353	shall require a professional or public guardian, and all
354	employees of a professional guardian who have a fiduciary
355	responsibility to a ward, to submit, at their own expense, to an
356	investigation of the guardian's credit history and to undergo
357	level 2 background screening as required under s. 435.04. If a
358	credit or criminal investigation is required, the court must
359	consider the results of any investigation before appointing a
360	guardian. At any time, the court may require a guardian or the
361	guardian's employees to submit to an investigation of the
362	person's credit history and complete a level 1 background
363	screening as set forth in s. 435.03. The court shall consider
364	the results of any investigation when reappointing a guardian.
365	The clerk of the court shall maintain a file on each guardian
366	appointed by the court and retain in the file documentation of
367	the result of any investigation conducted under this section. A
368	professional guardian must pay the clerk of the court a fee of
369	up to $7.50 for handling and processing professional guardian
370	files.
371	(2)  The court and the Statewide Public Guardianship Office
372	shall accept the satisfactory completion of a criminal history
373	record check by any method described in this subsection. A
374	guardian satisfies the requirements of this section by
375	undergoing:
376	(a)  An electronic fingerprint criminal history record
377	check. A guardian may use any electronic fingerprinting
378	equipment used for criminal history record checks of public
379	employees. The guardian shall pay the actual costs incurred by
380	the Federal Bureau of Investigation and the Department of Law
381	Enforcement for the criminal history record check. The agency
382	that operates the equipment used by the guardian may charge the
383	guardian an additional fee, not to exceed $10, for the use of
384	the equipment. The agency completing the record check must
385	immediately send the results of the criminal history record
386	check to the clerk of the court and the Statewide Public
387	Guardianship Office. The clerk of the court shall maintain the
388	results in the guardian's file and shall make the results
389	available to the court; or
390	(b)  A criminal history record check using a fingerprint
391	card. The clerk of the court shall obtain fingerprint cards from
392	the Federal Bureau of Investigation and make them available to
393	guardians. Any guardian who is so required shall have his or her
394	fingerprints taken and forward the proper fingerprint card along
395	with the necessary fee to the Florida Department of Law
396	Enforcement for processing. The professional guardian shall pay
397	to the clerk of the court a fee of up to $7.50 for handling and
398	processing professional guardian files. The results of the
399	fingerprint card criminal history record checks shall be
400	forwarded to the clerk of the court who shall maintain the
401	results in the guardian's a guardian file and shall make the
402	results available to the court and the Statewide Public
403	Guardianship Office.
404	(3)(a)  A professional guardian, and each employee of a
405	professional guardian who has a fiduciary responsibility to a
406	ward, must complete, at his or her own expense, a level 2
407	background screening as set forth in s. 435.04 before and at
408	least once every 5 years after the date the guardian is
409	appointed. A professional guardian, and each employee of a
410	professional guardian who has a fiduciary responsibility to a
411	ward, must complete, at his or her own expense, a level 1
412	background screening as set forth in s. 435.03 at least once
413	every 2 years after the date the guardian is appointed. However,
414	a person is not required to resubmit fingerprints for a criminal
415	history record check if he or she has been screened using
416	electronic fingerprinting equipment that is capable of notifying
417	the clerk of the court of any crime charged against the person
418	in this state or elsewhere, as appropriate.
419	(b)  Effective December 15, 2006, all fingerprints
420	electronically submitted to the Department of Law Enforcement
421	under this section shall be retained by the Department of Law
422	Enforcement in a manner provided by rule and entered in the
423	statewide automated fingerprint identification system authorized
424	by s. 943.05(2)(b). The fingerprints shall thereafter be
425	available for all purposes and uses authorized for arrest
426	fingerprint cards entered in the Criminal Justice Information
427	Program under s. 943.051.
428	(c)  Effective December 15, 2006, the Department of Law
429	Enforcement shall search all arrest fingerprint cards received
430	under s. 943.051 against the fingerprints retained in the
431	statewide automated fingerprint identification system under
432	paragraph (b). Any arrest record that is identified with the
433	fingerprints of a person described in this paragraph must be
434	reported to the clerk of court. The clerk of court must forward
435	any arrest record received for a professional guardian to the
436	Statewide Public Guardianship Office within 5 days. Each
437	guardian who elects to submit fingerprint information
438	electronically shall participate in this search process by
439	paying an annual fee to the Statewide Public Guardianship Office
440	of the Department of Elderly Affairs and by informing the clerk
441	of court and the Statewide Public Guardianship Office of any
442	change in the status of his or her guardianship appointment. The
443	amount of the annual fee to be imposed for performing these
444	searches and the procedures for the retention of guardian
445	fingerprints and the dissemination of search results shall be
446	established by rule of the Department of Law Enforcement. At
447	least once every 5 years, the Statewide Public Guardianship
448	Office must request that the Department of Law Enforcement
449	forward the fingerprints maintained under this section to the
450	Federal Bureau of Investigation.
451	(4)(a)  A professional guardian, and each employee of a
452	professional guardian who has a fiduciary responsibility to a
453	ward, must complete, at his or her own expense, an investigation
454	of his or her credit history before and at least once every 2
455	years after the date of the guardian's appointment.
456	(b)  The Statewide Public Guardianship Office shall adopt a
457	rule detailing the acceptable methods for completing a credit
458	investigation under this section. If appropriate, the Statewide
459	Public Guardianship Office may administer credit investigations.
460	If the office chooses to administer the credit investigation,
461	the office may adopt a rule setting a fee, not to exceed $25, to
462	reimburse the costs associated with the administration of a
463	credit investigation.
464	(5)  The Statewide Public Guardianship Office may inspect
465	at any time the results of any credit or criminal investigation
466	of a public or professional guardian conducted under this
467	section. The office shall maintain copies of the credit or
468	criminal results in the guardian's registration file. If the
469	results of a credit or criminal investigation of a public or
470	professional guardian have not been forwarded to the Statewide
471	Public Guardianship Office by the investigating agency, the
472	clerk of the court shall forward copies of the results of the
473	investigations to the office upon receiving them. If credit or
474	criminal investigations are required, the court must consider
475	the results of the investigations before appointing a guardian.
476	Professional guardians and all employees of a professional
477	guardian who have a fiduciary responsibility to a ward, so
478	appointed, must resubmit, at their own expense, to an
479	investigation of credit history, and undergo level 1 background
480	screening as required under s. 435.03, at least every 2 years
481	after the date of their appointment. At any time, the court may
482	require guardians or their employees to submit to an
483	investigation of credit history and undergo level 1 background
484	screening as required under s. 435.03. The court must consider
485	the results of these investigations in reappointing a guardian.
486	(1)  Upon receiving the results of a credit or criminal
487	investigation of any public or professional guardian, the clerk
488	of the court shall forward copies of the results to the
489	Statewide Public Guardianship Office in order that the results
490	may be maintained in the guardian's registration file.
491	(6)(2)  The requirements of this section do does not apply
492	to a professional guardian, or to the employees of a
493	professional guardian, that which is a trust company, a state
494	banking corporation or state savings association authorized and
495	qualified to exercise fiduciary powers in this state, or a
496	national banking association or federal savings and loan
497	association authorized and qualified to exercise fiduciary
498	powers in this state.
499	Section 9.  Subsection (4) of section 744.3145, Florida
500	Statutes, is amended to read:
501	744.3145  Guardian education requirements.--
502	(4)  Each person appointed by the court to be a guardian
503	must complete the required number of hours of instruction and
504	education within 4 months 1 year after his or her appointment as
505	guardian. The instruction and education must be completed
506	through a course approved by the chief judge of the circuit
507	court and taught by a court-approved organization. Court-
508	approved organizations may include, but are not limited to,
509	community or junior colleges, guardianship organizations, and
510	the local bar association or The Florida Bar.
511	Section 10.  Paragraph (i) of subsection (1) and subsection
512	(2) of section 744.3215, Florida Statutes, are amended to read:
513	744.3215  Rights of persons determined incapacitated.--
514	(1)  A person who has been determined to be incapacitated
515	retains the right:
516	(i)  To receive necessary services and rehabilitation
517	necessary to maximize the quality of life.
518	(2)  Rights that may be removed from a person by an order
519	determining incapacity but not delegated to a guardian include
520	the right:
521	(a)  To marry. If the right to enter into a contract has
522	been removed, the right to marry is subject to court approval.
523	(b)  To vote.
524	(c)  To personally apply for government benefits.
525	(d)  To have a driver's license.
526	(e)  To travel.
527	(f)  To seek or retain employment.
528	Section 11.  Subsections (2), (3), and (4), paragraph (a)
529	of subsection (5), and subsection (7) of section 744.331,
530	Florida Statutes, are amended to read:
531	744.331  Procedures to determine incapacity.--
532	(2)  ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.--
533	(a)  When a court appoints an attorney for an alleged
534	incapacitated person, the court must appoint an attorney who is
535	included in the attorney registry compiled pursuant to ss. 27.40
536	and 27.42 by the circuit's Article V indigent services
537	committee. Appointments must be made on a rotating basis, taking
538	into consideration conflicts arising under this chapter.
539	(b)(a)  The court shall appoint an attorney for each person
540	alleged to be incapacitated in all cases involving a petition
541	for adjudication of incapacity. The alleged incapacitated person
542	may substitute her or his own attorney for the attorney
543	appointed by the court.
544	(c)(b)  Any attorney representing an alleged incapacitated
545	person may not serve as guardian of the alleged incapacitated
546	person or as counsel for the guardian of the alleged
547	incapacitated person or the petitioner.
548	(d)  Effective January 1, 2007, an attorney seeking to be
549	appointed by a court for incapacity and guardianship proceedings
550	must have completed a minimum of 8 hours of education in
551	guardianship. A court may waive the initial training requirement
552	for an attorney who has served as a court-appointed attorney in
553	incapacity proceedings or as an attorney of record for guardians
554	for not less than 3 years.
555	(3)  EXAMINING COMMITTEE.--
556	(a)  Within 5 days after a petition for determination of
557	incapacity has been filed, the court shall appoint an examining
558	committee consisting of three members. One member must be a
559	psychiatrist or other physician. The remaining members must be
560	either a psychologist, gerontologist, another psychiatrist, or
561	other physician, a registered nurse, nurse practitioner,
562	licensed social worker, a person with an advanced degree in
563	gerontology from an accredited institution of higher education,
564	or other person who by knowledge, skill, experience, training,
565	or education may, in the court's discretion, advise the court in
566	the form of an expert opinion. One of three members of the
567	committee must have knowledge of the type of incapacity alleged
568	in the petition. Unless good cause is shown, the attending or
569	family physician may not be appointed to the committee. If the
570	attending or family physician is available for consultation, the
571	committee must consult with the physician. Members of the
572	examining committee may not be related to or associated with one
573	another, or with the petitioner, with counsel for the petitioner
574	or the proposed guardian, or with the person alleged to be
575	totally or partially incapacitated. A member may not be employed
576	by any private or governmental agency that has custody of, or
577	furnishes, services or subsidies, directly or indirectly, to the
578	person or the family of the person alleged to be incapacitated
579	or for whom a guardianship is sought. A petitioner may not serve
580	as a member of the examining committee. Members of the examining
581	committee must be able to communicate, either directly or
582	through an interpreter, in the language that the alleged
583	incapacitated person speaks or to communicate in a medium
584	understandable to the alleged incapacitated person if she or he
585	is able to communicate. The clerk of the court shall send notice
586	of the appointment to each person appointed no later than 3 days
587	after the court's appointment.
588	(b)  A person who has been appointed to serve as a member
589	of an examining committee to examine an alleged incapacitated
590	person may not thereafter be appointed as a guardian for the
591	person who was the subject of the examination.
592	(c)  Each person appointed to an examining committee must
593	file an affidavit with the court stating that he or she has
594	completed the required courses or will do so no later than 4
595	months after his or her initial appointment. Each year, the
596	chief judge of the circuit must prepare a list of persons
597	qualified to be members of an examining committee.
598	(d)  A member of an examining committee must complete a
599	minimum of 4 hours of initial training. The person must complete
600	2 hours of continuing education during each 2-year period after
601	the initial training. The initial training and continuing
602	education program must be developed under the supervision of the
603	Statewide Public Guardianship Office, in consultation with the
604	Florida Conference of Circuit Court Judges; the Elder Law and
605	the Real Property, Probate and Trust Law sections of The Florida
606	Bar; the Florida State Guardianship Association; and the Florida
607	Guardianship Foundation. The court may waive the initial
608	training requirement for a person who has served for not less
609	than 5 years on examining committees. If a person wishes to
610	obtain his or her continuing education on the Internet or by
611	watching a video course, the person must first obtain the
612	approval of the chief judge before taking an Internet or video
613	course.
614	(e)(b)  Each member of the examining committee shall
615	examine the person. Each The examining committee member must
616	shall determine the alleged incapacitated person's ability to
617	exercise those rights specified in s. 744.3215. In addition to
618	the examination, each the examining committee member must shall
619	have access to, and may consider, previous examinations of the
620	person, including, but not limited to, habilitation plans,
621	school records, and psychological and psychosocial reports
622	voluntarily offered for use by the alleged incapacitated person.
623	Each member of the examining committee must shall submit a
624	report within 15 days after appointment.
625	(f)(c)  The examination of the alleged incapacitated person
626	must include a comprehensive examination, a report of which
627	shall be filed by each the examining committee member as part of
628	his or her its written report. The comprehensive examination
629	report should be an essential element, but not necessarily the
630	only element, used in making a capacity and guardianship
631	decision. The comprehensive examination must include, if
632	indicated:
633	1.  A physical examination;
634	2.  A mental health examination; and
635	3.  A functional assessment.
636
637	If any of these three aspects of the examination is not
638	indicated or cannot be accomplished for any reason, the written
639	report must explain the reasons for its omission.
640	(g)(d)  Each committee member's The committee's written
641	report must include:
642	1.  To the extent possible, a diagnosis, prognosis, and
643	recommended course of treatment.
644	2.  An evaluation of the alleged incapacitated person's
645	ability to retain her or his rights, including, without
646	limitation, the rights to marry; vote; contract; manage or
647	dispose of property; have a driver's license; determine her or
648	his residence; consent to medical treatment; and make decisions
649	affecting her or his social environment.
650	3.  The results of the comprehensive examination and the
651	committee member's members' assessment of information provided
652	by the attending or family physician, if any.
653	4.  A description of any matters with respect to which the
654	person lacks the capacity to exercise rights, the extent of that
655	incapacity, and the factual basis for the determination that the
656	person lacks that capacity.
657	5.  The names of all persons present during the time the
658	committee member conducted his or her examination. If a person
659	other than the person who is the subject of the examination
660	supplies answers posed to the alleged incapacitated person, the
661	report must include the response and the name of the person
662	supplying the answer.
663	6.5.  The signature of each member of the committee member
664	and the date and time the member conducted his or her
665	examination.
666	(h)(e)  A copy of each committee member's the report must
667	be served on the petitioner and on the attorney for the alleged
668	incapacitated person within 3 days after the report is filed and
669	at least 5 days before the hearing on the petition.
670	(4)  DISMISSAL OF PETITION.--If a majority of the examining
671	committee members conclude concludes that the alleged
672	incapacitated person is not incapacitated in any respect, the
673	court shall dismiss the petition.
674	(5)  ADJUDICATORY HEARING.--
675	(a)  Upon appointment of the examining committee, the court
676	shall set the date upon which the petition will be heard. The
677	date for the adjudicatory hearing must be set no more than 14
678	days after the filing of the reports report of the examining
679	committee members, unless good cause is shown. The adjudicatory
680	hearing must be conducted at the time and place specified in the
681	notice of hearing and in a manner consistent with due process.
682	(7)  FEES.--
683	(a)  The examining committee and any attorney appointed
684	under subsection (2) are entitled to reasonable fees to be
685	determined by the court.
686	(b)  The fees awarded under paragraph (a) shall be paid by
687	the guardian from the property of the ward or, if the ward is
688	indigent, by the state. The state shall have a creditor's claim
689	against the guardianship property for any amounts paid under
690	this section. The state may file its claim within 90 days after
691	the entry of an order awarding attorney ad litem fees. If the
692	state does not file its claim within the 90-day period, the
693	state is thereafter barred from asserting the claim. Upon
694	petition by the state for payment of the claim, the court shall
695	enter an order authorizing immediate payment out of the property
696	of the ward. The state shall keep a record of the such payments.
697	(c)  If the petition is dismissed, costs and attorney's
698	fees of the proceeding may be assessed against the petitioner if
699	the court finds the petition to have been filed in bad faith.
700	Section 12.  Subsection (4) of section 744.341, Florida
701	Statutes, is renumbered as subsection (5) and a new subsection
702	(4) is added to that section to read:
703	744.341  Voluntary guardianship.--
704	(4)  A guardian must include in the annual report filed
705	with the court a certificate from a licensed physician who
706	examined the ward not more than 90 days before the annual report
707	is filed with the court. The certificate must certify that the
708	ward is competent to understand the nature of the guardianship
709	and of the ward's authority to delegate powers to the voluntary
710	guardian.
711	Section 13.  Subsection (9) is added to section 744.361,
712	Florida Statutes, to read:
713	744.361  Powers and duties of guardian.--
714	(9)  A professional guardian must ensure that each of the
715	guardian's wards is personally visited by the guardian or one of
716	the guardian's professional staff at least once each calendar
717	quarter. During the personal visit, the guardian or the
718	guardian's professional staff person shall assess:
719	(a)  The ward's physical appearance and condition.
720	(b)  The appropriateness of the ward's current living
721	situation.
722	(c)  The need for any additional services and the necessity
723	for continuation of existing services, taking into consideration
724	all aspects of social, psychological, educational, direct
725	service, health, and personal care needs.
726
727	This subsection does not apply to a professional guardian who
728	has been appointed only as guardian of the property.
729	Section 14.  Subsection (2) of section 744.365, Florida
730	Statutes, is amended to read:
731	744.365  Verified inventory.--
732	(2)  CONTENTS.--The verified inventory must include the
733	following:
734	(a)  All property of the ward, real and personal, that has
735	come into the guardian's possession or knowledge, including a
736	statement of all encumbrances, liens, and other secured claims
737	on any item, any claims against the property, and any cause of
738	action accruing to the ward, and any trusts of which the ward is
739	a beneficiary.;
740	(b)  The location of the real and personal property in
741	sufficient detail so that it may be clearly identified or
742	located.; and
743	(c)  A description of all sources of income, including,
744	without limitation, social security benefits and pensions.
745	Section 15.  Subsections (1) and (3) of section 744.367,
746	Florida Statutes, are amended to read:
747	744.367  Duty to file annual guardianship report.--
748	(1)  Unless the court requires filing on a calendar-year
749	basis, each guardian of the person shall file with the court an
750	annual guardianship plan within 90 days after the last day of
751	the anniversary month the letters of guardianship were signed,
752	and the plan must cover the coming fiscal year, ending on the
753	last day in such anniversary month. If the court requires
754	calendar-year filing, the guardianship plan must be filed on or
755	before April 1 of each year within 90 days after the end of the
756	calendar year.
757	(3)  The annual guardianship report of a guardian of the
758	property must consist of an annual accounting, and the annual
759	report of a guardian of the person of an incapacitated person
760	must consist of an annual guardianship plan. The annual report
761	shall be served on the ward, unless the ward is a minor under
762	the age of 14 years or is totally incapacitated, and on the
763	attorney for the ward, if any. The guardian shall provide a copy
764	to any other person as the court may direct.
765	Section 16.  Section 744.3675, Florida Statutes, is amended
766	to read:
767	744.3675  Annual guardianship plan.--Each guardian of the
768	person must file with the court an annual guardianship plan
769	which updates information about the condition of the ward. The
770	annual plan must specify the current needs of the ward and how
771	those needs are proposed to be met in the coming year.
772	(1)  Each plan for an adult ward must, if applicable,
773	include:
774	(a)  Information concerning the residence of the ward,
775	including:
776	1.  The ward's address at the time of filing the plan.;
777	2.  The name and address of each place where the ward was
778	maintained during the preceding year.;
779	3.  The length of stay of the ward at each place.;
780	4.  A statement of whether the current residential setting
781	is best suited for the current needs of the ward.; and
782	5.  Plans for ensuring during the coming year that the ward
783	is in the best residential setting to meet his or her needs.
784	(b)  Information concerning the medical and mental health
785	conditions condition and treatment and rehabilitation needs of
786	the ward, including:
787	1.  A resume of any professional medical treatment given to
788	the ward during the preceding year.;
789	2.  The report of a physician who examined the ward no more
790	than 90 days before the beginning of the applicable reporting
791	period. The Such report must contain an evaluation of the ward's
792	condition and a statement of the current level of capacity of
793	the ward.; and
794	3.  The plan for providing provision of medical, mental
795	health, and rehabilitative services in the coming year.
796	(c)  Information concerning the social condition of the
797	ward, including:
798	1.  The social and personal services currently used
799	utilized by the ward.;
800	2.  The social skills of the ward, including a statement of
801	how well the ward communicates and maintains interpersonal
802	relationships. with others;
803	3.  A description of the ward's activities at communication
804	and visitation; and
805	3.4.  The social needs of the ward.
806	(2)  Each plan filed by the legal guardian of a minor must
807	include:
808	(a)  Information concerning the residence of the minor,
809	including:
810	1.  The minor's address at the time of filing the plan.
811	2.  The name and address of each place the minor lived
812	during the preceding year.
813	(b)  Information concerning the medical and mental health
814	conditions and treatment and rehabilitation needs of the minor,
815	including:
816	1.  A resume of any professional medical treatment given to
817	the minor during the preceding year.
818	2.  A report from the physician who examined the minor no
819	more than 180 days before the beginning of the applicable
820	reporting period that contains an evaluation of the minor's
821	physical and mental conditions.
822	3.  The plan for providing medical services in the coming
823	year.
824	(c)  Information concerning the education of the minor,
825	including:
826	1.  A summary of the school progress report.
827	2.  The social development of the minor, including a
828	statement of how well the minor communicates and maintains
829	interpersonal relationships.
830	3.  The social needs of the minor.
831	(3)(2)  Each plan for an adult ward must address the issue
832	of restoration of rights to the ward and include:
833	(a)  A summary of activities during the preceding year that
834	which were designed to enhance increase the capacity of the
835	ward.;
836	(b)  A statement of whether the ward can have any rights
837	restored.; and
838	(c)  A statement of whether restoration of any rights will
839	be sought.
840	(4)(3)  The court, in its discretion, may require
841	reexamination of the ward by a physician at any time.
842	Section 17.  Subsections (2) and (3) of section 744.3678,
843	Florida Statutes, are amended to read:
844	744.3678  Annual accounting.--
845	(2)  The annual accounting must include:
846	(a)  A full and correct account of the receipts and
847	disbursements of all of the ward's property over which the
848	guardian has control and a statement of the ward's property on
849	hand at the end of the accounting period. This paragraph does
850	not apply to any property or any trust of which the ward is a
851	beneficiary but which is not under the control or administration
852	of the guardian.
853	(b)  A copy of the annual or year-end statement of all of
854	the ward's cash accounts from each of the institutions where the
855	cash is deposited.
856	(3)  The guardian must obtain a receipt, or canceled check,
857	or other proof of payment for all expenditures and disbursements
858	made on behalf of the ward. The guardian must preserve all
859	evidence of payment the receipts and canceled checks, along with
860	other substantiating papers, for a period of 3 years after his
861	or her discharge. The receipts, proofs of payment checks, and
862	substantiating papers need not be filed with the court but shall
863	be made available for inspection and review at the such time and
864	in such place and before the such persons as the court may from
865	time to time order.
866	Section 18.  Section 744.3679, Florida Statutes, is amended
867	to read:
868	744.3679  Simplified accounting procedures in certain
869	cases.--
870	(1)  In a guardianship of property, when all assets of the
871	estate are in designated depositories under s. 69.031 and the
872	only transactions that occur in that account are interest
873	accrual, deposits from a pursuant to settlement, or financial
874	institution service charges, the guardian may elect to file an
875	accounting consisting of:
876	(a)  The original or a certified copy of the year-end
877	statement of the ward's account from the financial institution;
878	and
879	(b)  A statement by the guardian under penalty of perjury
880	that the guardian has custody and control of the ward's property
881	as shown in the year-end statement.
882	(2)  The clerk has no responsibility to monitor or audit
883	the accounts and may not accept a fee for doing so.
884	(2)(3)  The accounting allowed by subsection (1) is in lieu
885	of the accounting and auditing procedures under s. 744.3678(2)
886	ss. 744.3678 and 744.368(1)(f). However, any interested party
887	may seek judicial review as provided in s. 744.3685.
888	(3)(4)  The guardian need not be represented by an attorney
889	in order to file the annual accounting allowed by subsection
890	(1).
891	Section 19.  Subsection (3) of section 744.368, Florida
892	Statutes, is amended to read:
893	744.368  Responsibilities of the clerk of the circuit
894	court.--
895	(3)  Within 90 days after the filing of the verified
896	inventory and accountings initial or annual guardianship report
897	by a guardian of the property, the clerk shall audit the
898	verified inventory and or the accountings annual accounting. The
899	clerk shall advise the court of the results of the audit.
900	Section 20.  Subsection (19) of section 744.441, Florida
901	Statutes, is amended to read:
902	744.441  Powers of guardian upon court approval.--After
903	obtaining approval of the court pursuant to a petition for
904	authorization to act, a plenary guardian of the property, or a
905	limited guardian of the property within the powers granted by
906	the order appointing the guardian or an approved annual or
907	amended guardianship report, may:
908	(19)  Create or amend revocable trusts or create
909	irrevocable trusts of property of the ward's estate which may
910	extend beyond the disability or life of the ward in connection
911	with estate, gift, income, or other tax planning or in
912	connection with estate planning. The court shall retain
913	oversight of the assets transferred to a trust, unless otherwise
914	ordered by the court.
915	Section 21.  Section 744.442, Florida Statutes, is created
916	to read:
917	744.442  Delegation of authority.--
918	(1)  A guardian may designate a surrogate guardian to
919	exercise the powers of the guardian if the guardian is
920	unavailable to act. A person designated as a surrogate guardian
921	under this section must be a professional guardian.
922	(2)(a)  A guardian must file a petition with the court
923	requesting permission to designate a surrogate guardian.
924	(b)  If the court approves the designation, the order must
925	specify the name and business address of the surrogate guardian
926	and the duration of appointment, which may not exceed 30 days.
927	The court may extend the appointment for good cause shown. The
928	surrogate guardian may exercise all powers of the guardian
929	unless limited by order of the court. The surrogate guardian
930	must file with the court an oath swearing or affirming that he
931	or she will faithfully perform the duties delegated. The court
932	may require the surrogate guardian to post a bond.
933	(3)  This section does not limit the responsibility of the
934	guardian to the ward and to the court. The guardian is liable
935	for the acts of the surrogate guardian. The guardian may
936	terminate the authority of the surrogate guardian by filing a
937	written notice of the termination with the court.
938	(4)  The surrogate guardian is subject to the jurisdiction
939	of the court as if appointed to serve as guardian.
940	Section 22.  Paragraphs (c), (e), and (f) of subsection (2)
941	and subsection (4) of section 744.464, Florida Statutes, are
942	amended to read:
943	744.464  Restoration to capacity.--
944	(2)  SUGGESTION OF CAPACITY.--
945	(c)  The court shall immediately send notice of the filing
946	of the suggestion of capacity to the ward, the guardian, the
947	attorney for the ward, if any, the state attorney, and any other
948	interested persons designated by the court. Formal notice must
949	be served on the guardian. Informal notice may be served on
950	other persons. Notice need not be served on the person who filed
951	the suggestion of capacity.
952	(e)  If an objection is timely filed, or if the medical
953	examination suggests that full restoration is not appropriate,
954	the court shall set the matter for hearing. If the ward does not
955	have an attorney, the court shall appoint one to represent the
956	ward.
957	(f)  Notice of the hearing and copies of the objections and
958	medical examination reports shall be served upon the ward, the
959	ward's attorney, the guardian, the state attorney, the ward's
960	next of kin, and any other interested persons as directed by the
961	court.
962	(4)  TIME LIMITATION FOR FILING SUGGESTION OF
963	CAPACITY.--Notwithstanding this section, a suggestion of
964	capacity may not be filed within 90 days after an adjudication
965	of incapacity or denial of restoration, unless good cause is
966	shown.
967	Section 23.  Paragraph (a) of subsection (19) of section
968	744.474, Florida Statutes, is amended, and paragraph (b) of that
969	subsection is redesignated as subsection (20) of that section
970	and amended, to read:
971	744.474  Reasons for removal of guardian.--A guardian may
972	be removed for any of the following reasons, and the removal
973	shall be in addition to any other penalties prescribed by law:
974	(19)  Upon a showing by a person who did not receive notice
975	of the petition for adjudication of incapacity, when such notice
976	is required, or who is related to the ward within the
977	relationships specified for nonresident relatives in ss.
978	744.309(2) and 744.312(2) and who has not previously been
979	rejected by the court as a guardian that:
980	(a)  the current guardian is not a family member; and
981	subsection (20) applies.
982	(20)(b)  Upon a showing that removal of the current
983	guardian is in the best interest of the ward. In determining
984	whether a guardian who is related by blood or marriage to the
985	ward is to be removed, there shall be a rebuttable presumption
986	that the guardian is acting in the best interests of the ward,
987
988	the court may remove the current guardian and appoint the
989	petitioner, or such person as the court deems in the best
990	interest of the ward, either as guardian of the person or of the
991	property, or both.
992	Section 24.  Section 744.511, Florida Statutes, is amended
993	to read:
994	744.511  Accounting upon removal.--A removed guardian shall
995	file with the court a true, complete, and final report of his or
996	her guardianship within 20 days after removal and shall serve a
997	copy on the successor guardian and the ward, unless the ward is
998	a minor under 14 years of age or has been determined to be
999	totally incapacitated.
1000	Section 25.  Section 744.527, Florida Statutes, is amended
1001	to read:
1002	744.527  Final reports and application for discharge;
1003	hearing.--
1004	(1)  When the court terminates the guardianship for any of
1005	the reasons set forth in s. 744.521, the guardian shall promptly
1006	file his or her final report. If the ward has died, the guardian
1007	must file a final report with the court no later than 45 days
1008	after he or she has been served with letters of administration
1009	or letters of curatorship. If no objections are filed and if it
1010	appears that the guardian has made full and complete
1011	distribution to the person entitled and has otherwise faithfully
1012	discharged his or her duties, the court shall approve the final
1013	report. If objections are filed, the court shall conduct a
1014	hearing in the same manner as provided for a hearing on
1015	objections to annual guardianship reports.
1016	(2)  The guardian applying for discharge may is authorized
1017	to retain from the funds in his or her possession a sufficient
1018	amount to pay the final costs of administration, including
1019	guardian and attorney's fees regardless of the death of the
1020	ward, accruing between the filing of his or her final returns
1021	and the order of discharge.
1022	Section 26.  Subsection (3) of section 744.528, Florida
1023	Statutes, is amended to read:
1024	744.528  Discharge of guardian named as personal
1025	representative.--
1026	(3)  Any interested person may file a notice of The court
1027	shall set a hearing on any objections filed by the
1028	beneficiaries. Notice of the hearing must shall be served upon
1029	the guardian, beneficiaries of the ward's estate, and any other
1030	person to whom the court directs service. If a notice of hearing
1031	on the objections is not served within 90 days after filing of
1032	the objections, the objections are deemed abandoned.
1033	Section 27.  Subsections (5) through (8) of section
1034	744.708, Florida Statutes, are amended to read:
1035	744.708  Reports and standards.--
1036	(5)(a)  Each office of public guardian shall undergo an
1037	independent audit by a qualified certified public accountant
1038	shall be performed at least once every 2 years. The audit should
1039	include an investigation into the practices of the office for
1040	managing the person and property of the wards. A copy of the
1041	audit report shall be submitted to the Statewide Public
1042	Guardianship Office.
1043	(b)  In addition to regular monitoring activities, the
1044	Statewide Public Guardianship Office shall conduct an
1045	investigation into the practices of each office of public
1046	guardian related to the managing of each ward's personal affairs
1047	and property. When feasible, the investigation required under
1048	this paragraph shall be conducted in conjunction with the
1049	financial audit of each office of public guardian under
1050	paragraph (a).
1051	(c)  In addition, each the office of public guardian shall
1052	be subject to audits or examinations by the Auditor General and
1053	the Office of Program Policy Analysis and Government
1054	Accountability pursuant to law.
1055	(6)  A The public guardian shall ensure that each of the
1056	guardian's wards is personally visited ward is seen by the
1057	public guardian or by one of the guardian's a professional staff
1058	person at least once each calendar quarter four times a year.
1059	During this personal visit, the public guardian or the
1060	professional staff person shall assess:
1061	(a)  The ward's physical appearance and condition.
1062	(b)  The appropriateness of the ward's current living
1063	situation.
1064	(c)  The need for any additional services and the necessity
1065	for continuation of existing services, taking into consideration
1066	all aspects of social, psychological, educational, direct
1067	service, health, and personal care needs.
1068	(7)  The ratio for professional staff to wards shall be 1
1069	professional to 40 wards. The Statewide Public Guardianship
1070	Office may increase or decrease the ratio after consultation
1071	with the local public guardian and the chief judge of the
1072	circuit court. The basis of the decision to increase or decrease
1073	the prescribed ratio shall be reported in the annual report to
1074	the Secretary of Elderly Affairs, the Governor, the President of
1075	the Senate, the Speaker of the House of Representatives, and the
1076	Chief Justice of the Supreme Court.
1077	(8)  The term "professional," for purposes of this part,
1078	shall not include the public guardian nor the executive director
1079	of the Statewide Public Guardianship Office. The term
1080	"professional" shall be limited to those persons who exercise
1081	direct supervision of individual wards under the direction of
1082	the public guardian.
1083	Section 28.  Paragraph (a) of subsection (5) of section
1084	765.101, Florida Statutes, is amended to read:
1085	765.101  Definitions.--As used in this chapter:
1086	(5)  "Health care decision" means:
1087	(a)  Informed consent, refusal of consent, or withdrawal of
1088	consent to any and all health care, including life-prolonging
1089	procedures and mental health treatment, unless otherwise stated
1090	in the advance directives.
1091	Section 29.  Section 28.345, Florida Statutes, is amended
1092	to read:
1093	28.345  Exemption from court-related fees and
1094	charges.--Notwithstanding any other provision of this chapter or
1095	law to the contrary, judges and those court staff acting on
1096	behalf of judges, state attorneys, guardians ad litem, public
1097	guardians, attorneys ad litem, court-appointed private counsel,
1098	and public defenders, acting in their official capacity, and
1099	state agencies, are exempt from all court-related fees and
1100	charges assessed by the clerks of the circuit courts.
1101	Section 30.  Paragraph (c) of subsection (8) of section
1102	121.091, Florida Statutes, is amended to read:
1103	121.091  Benefits payable under the system.--Benefits may
1104	not be paid under this section unless the member has terminated
1105	employment as provided in s. 121.021(39)(a) or begun
1106	participation in the Deferred Retirement Option Program as
1107	provided in subsection (13), and a proper application has been
1108	filed in the manner prescribed by the department. The department
1109	may cancel an application for retirement benefits when the
1110	member or beneficiary fails to timely provide the information
1111	and documents required by this chapter and the department's
1112	rules. The department shall adopt rules establishing procedures
1113	for application for retirement benefits and for the cancellation
1114	of such application when the required information or documents
1115	are not received.
1116	(8)  DESIGNATION OF BENEFICIARIES.--
1117	(c)  Notwithstanding the member's designation of benefits
1118	to be paid through a trust to a beneficiary that is a natural
1119	person as provided in s. 121.021(46), and notwithstanding the
1120	provisions of the trust, benefits shall be paid directly to the
1121	beneficiary if the such person is no longer a minor or an
1122	incapacitated person as defined in s. 744.102(11) and (12).
1123	Section 31.  Paragraph (c) of subsection (20) of section
1124	121.4501, Florida Statutes, is amended to read:
1125	121.4501  Public Employee Optional Retirement Program.--
1126	(20)  DESIGNATION OF BENEFICIARIES.--
1127	(c)  Notwithstanding the participant's designation of
1128	benefits to be paid through a trust to a beneficiary that is a
1129	natural person, and notwithstanding the provisions of the trust,
1130	benefits shall be paid directly to the beneficiary if the such
1131	person is no longer a minor or an incapacitated person as
1132	defined in s. 744.102(11) and (12).
1133	Section 32.  Subsection (1) and paragraphs (b), (d), and
1134	(f) of subsection (4) of section 709.08, Florida Statutes, are
1135	amended to read:
1136	709.08  Durable power of attorney.--
1137	(1)  CREATION OF DURABLE POWER OF ATTORNEY.--A durable
1138	power of attorney is a written power of attorney by which a
1139	principal designates another as the principal's attorney in
1140	fact. The durable power of attorney must be in writing, must be
1141	executed with the same formalities required for the conveyance
1142	of real property by Florida law, and must contain the words:
1143	"This durable power of attorney is not affected by subsequent
1144	incapacity of the principal except as provided in s. 709.08,
1145	Florida Statutes"; or similar words that show the principal's
1146	intent that the authority conferred is exercisable
1147	notwithstanding the principal's subsequent incapacity, except as
1148	otherwise provided by this section. The durable power of
1149	attorney is exercisable as of the date of execution; however, if
1150	the durable power of attorney is conditioned upon the
1151	principal's lack of capacity to manage property as defined in s.
1152	744.102(12)(11)(a), the durable power of attorney is exercisable
1153	upon the delivery of affidavits in paragraphs (4)(c) and (d) to
1154	the third party.
1155	(4)  PROTECTION WITHOUT NOTICE; GOOD FAITH ACTS;
1156	AFFIDAVITS.--
1157	(b)  Any third party may rely upon the authority granted in
1158	a durable power of attorney that is conditioned on the
1159	principal's lack of capacity to manage property as defined in s.
1160	744.102(12)(11)(a) only after receiving the affidavits provided
1161	in paragraphs (c) and (d), and such reliance shall end when the
1162	third party has received notice as provided in subsection (5).
1163	(d)  A determination that a principal lacks the capacity to
1164	manage property as defined in s. 744.102(12)(11)(a) must be made
1165	and evidenced by the affidavit of a physician licensed to
1166	practice medicine pursuant to chapters 458 and 459 as of the
1167	date of the affidavit. A judicial determination that the
1168	principal lacks the capacity to manage property pursuant to
1169	chapter 744 is not required prior to the determination by the
1170	physician and the execution of the affidavit. For purposes of
1171	this section, the physician executing the affidavit must be the
1172	primary physician who has responsibility for the treatment and
1173	care of the principal. The affidavit executed by a physician
1174	must state where the physician is licensed to practice medicine,
1175	that the physician is the primary physician who has
1176	responsibility for the treatment and care of the principal, and
1177	that the physician believes that the principal lacks the
1178	capacity to manage property as defined in s. 744.102(12)(11)(a).
1179	The affidavit may, but need not, be in the following form:
1180
1181	STATE OF_______________
1182	COUNTY OF_______________
1183
1184	Before me, the undersigned authority, personally appeared
1185	(name of physician)  , Affiant, who swore or affirmed that:
1186	1.  Affiant is a physician licensed to practice medicine in
1187	(name of state, territory, or foreign country)  .
1188	2.  Affiant is the primary physician who has responsibility
1189	for the treatment and care of   (principal's name)  .
1190	3.  To the best of Affiant's knowledge after reasonable
1191	inquiry, Affiant believes that the principal lacks the capacity
1192	to manage property, including taking those actions necessary to
1193	obtain, administer, and dispose of real and personal property,
1194	intangible property, business property, benefits, and income.
1195
1196
1197	____________________
1198	(Affiant)
1199
1200	Sworn to (or affirmed) and subscribed before me this   (day
1201	of)     (month)  ,   (year)  , by   (name of person making
1202	statement)
1203
1204	(Signature of Notary Public-State of Florida)
1205
1206	(Print, Type, or Stamp Commissioned Name of Notary Public)
1207
1208	Personally Known OR Produced Identification
1209	(Type of Identification Produced)
1210	(f)  A third party may not rely on the authority granted in
1211	a durable power of attorney conditioned on the principal's lack
1212	of capacity to manage property as defined in s.
1213	744.102(12)(11)(a) when any affidavit presented has been
1214	executed more than 6 months prior to the first presentation of
1215	the durable power of attorney to the third party.
1216	Section 33.  Subsection (3) of section 744.1085, Florida
1217	Statutes, is amended to read:
1218	744.1085  Regulation of professional guardians;
1219	application; bond required; educational requirements.--
1220	(3)  Each professional guardian defined in s.
1221	744.102(17)(16) and public guardian must receive a minimum of 40
1222	hours of instruction and training. Each professional guardian
1223	must receive a minimum of 16 hours of continuing education every
1224	2 calendar years after the year in which the initial 40-hour
1225	educational requirement is met. The instruction and education
1226	must be completed through a course approved or offered by the
1227	Statewide Public Guardianship Office. The expenses incurred to
1228	satisfy the educational requirements prescribed in this section
1229	may not be paid with the assets of any ward. This subsection
1230	does not apply to any attorney who is licensed to practice law
1231	in this state.
1232	Section 34.  For the purpose of incorporating the amendment
1233	made by this act to section 744.3215, Florida Statutes, in a
1234	reference thereto, subsection (4) of section 117.107, Florida
1235	Statutes, is reenacted to read:
1236	117.107  Prohibited acts.--
1237	(4)  A notary public may not take the acknowledgment of or
1238	administer an oath to a person whom the notary public actually
1239	knows to have been adjudicated mentally incapacitated by a court
1240	of competent jurisdiction, where the acknowledgment or oath
1241	necessitates the exercise of a right that has been removed
1242	pursuant to s. 744.3215(2) or (3), and where the person has not
1243	been restored to capacity as a matter of record.
1244	Section 35.  This act shall take effect July 1, 2006.
1245
1246	======= T I T L E  A M E N D M E N T ==========
1247	Remove the entire title and insert:
1248	A bill to be entitled
1249	An act relating to guardianship; amending s. 744.102,
1250	F.S.; defining the terms "audit" and "surrogate guardian";
1251	amending s. 744.1083, F.S.; revising provisions relating
1252	to identification information provided by professional
1253	guardians for registration; providing that the Statewide
1254	Public Guardianship Office need not review credit and
1255	criminal investigations from a state college or university
1256	before registering the institution as a professional
1257	guardian; amending s. 744.301, F.S.; providing that in the
1258	event of death, the surviving parent is the sole natural
1259	guardian of a minor; prohibiting a natural guardian from
1260	using the property of the ward for the guardian's benefit
1261	without a court order; creating s. 744.3025, F.S.;
1262	authorizing a court to appoint a guardian ad litem to
1263	represent a minor's interest in certain claims that exceed
1264	a specified amount; requiring a court to appoint a
1265	guardian ad litem to represent a minor's interest in
1266	certain claims that exceed a specified amount; providing
1267	that a court need not appoint a guardian ad litem under
1268	certain circumstances; requiring a court to award
1269	reasonable fees and costs to the guardian ad litem;
1270	amending s. 744.3031, F.S.; increasing the time an
1271	emergency temporary guardian may serve; increasing the
1272	time of an extension; requiring an emergency temporary
1273	guardian to file a final report; providing for the
1274	contents of the final report; amending s. 744.304, F.S.;
1275	specifying the persons who may file a petition for a
1276	standby guardian; requiring that notice of the appointment
1277	hearing be served on the ward's next of kin; clarifying
1278	when a standby guardian may assume the duties of guardian;
1279	requiring that each standby guardian submit to credit and
1280	criminal history record checks; amending s. 744.3115,
1281	F.S.; defining the term "health care decision"; amending
1282	s. 744.3135, F.S.; providing procedures for completing a
1283	guardian's criminal history record check; authorizing a
1284	guardian to use electronic fingerprinting equipment that
1285	is available for criminal history record checks of public
1286	employees; providing that a guardian need not be
1287	rescreened if he or she uses certain electronic
1288	fingerprinting equipment; providing for fees; requiring
1289	the Statewide Public Guardianship Office to request that
1290	the Department of Law Enforcement forward certain
1291	fingerprints to the Federal Bureau of Investigation;
1292	requiring the Statewide Public Guardianship Office to
1293	adopt a rule for credit investigations of guardians;
1294	amending s. 744.3145, F.S.; reducing the time in which a
1295	guardian must complete the education courses; amending s.
1296	744.3215, F.S.; providing that an incapacitated person
1297	retains the right to receive services and rehabilitation
1298	necessary to maximize the quality of the person's life;
1299	revising provisions relating to rights that may be removed
1300	from a person determined incapacitated; amending s.
1301	744.331, F.S.; requiring that the court appoint an
1302	attorney for an alleged incapacitated person from a
1303	specified registry; requiring attorneys to complete
1304	certain training programs; providing that a member of the
1305	examining committee may not be related to or associated
1306	with certain persons; prohibiting a person who served on
1307	an examining committee from being appointed as the
1308	guardian; requiring each member of an examining committee
1309	to file an affidavit stating that he or she has completed
1310	or will timely complete the mandatory training; providing
1311	for training programs; requiring each member to file a
1312	report regarding his or her examination of an alleged
1313	incapacitated person; providing for dismissal of a
1314	petition alleging incapacity based on the reports of the
1315	majority of the committee members; providing for an award
1316	of attorney's fees; amending s. 744.341, F.S.; requiring
1317	the voluntary guardian to include certain information in
1318	the annual report; amending s. 744.361, F.S.; requiring a
1319	professional guardian to ensure that each of his or her
1320	wards is personally visited at least quarterly; providing
1321	for the assessment of certain conditions during the
1322	personal visit; providing an exemption; amending s.
1323	744.365, F.S.; requiring that the verified inventory
1324	include information on any trust to which a ward is a
1325	beneficiary; amending s. 744.367, F.S.; requiring that the
1326	annual report of the guardian filing on a calendar-year
1327	basis be filed on or before a specified date; exempting
1328	all minor wards from service of the annual report;
1329	amending s. 744.3675, F.S.; requiring that the annual
1330	guardianship plan include information on the mental
1331	condition of the ward; providing for an annual
1332	guardianship plan for wards who are minors; amending s.
1333	744.3678, F.S.; providing that property of the ward which
1334	is not under the control of the guardian, including
1335	certain trusts, is not subject to annual accounting;
1336	requiring certain documentation for the annual accounting;
1337	amending s. 744.3679, F.S.; removing a provision
1338	prohibiting the clerk of the court from having
1339	responsibility for monitoring or auditing accounts in
1340	certain cases; amending s. 744.368, F.S.; requiring that
1341	the verified inventory and the accountings be audited
1342	within a specified time period; amending s. 744.441, F.S.;
1343	requiring the court to retain oversight for assets of a
1344	ward transferred to a trust; creating s. 744.442, F.S.;
1345	providing that a guardian may designate a surrogate
1346	guardian to exercise the powers of the guardian if the
1347	guardian is unavailable to act; requiring the surrogate
1348	guardian to be a professional guardian; providing the
1349	procedures to be used in appointing a surrogate guardian;
1350	providing the duties of a surrogate guardian; requiring
1351	the guardian to be liable for the acts of the surrogate
1352	guardian; authorizing the guardian to terminate the
1353	services of the surrogate guardian by filing a written
1354	notice of the termination with the court; amending s.
1355	744.464, F.S.; removing the state attorney from the list
1356	of persons to be served a notice of a hearing on
1357	restoration of capacity; removing a time limitation on the
1358	filing of a suggestion of capacity; amending s. 744.474,
1359	F.S.; revising provisions relating to removal of a
1360	guardian who is not a family member; revising provisions
1361	relating to removal of a guardian upon a showing that
1362	removal of the current guardian is in the best interest of
1363	the ward; amending s. 744.511, F.S.; providing that a ward
1364	who is a minor need not be served with the final report of
1365	a removed guardian; amending s. 744.527, F.S.; providing
1366	that final reports for a deceased ward be filed at a
1367	specified time; amending s. 744.528, F.S.; providing for a
1368	notice of the hearing for objections to a report filed by
1369	a guardian; amending s. 744.708, F.S.; revising provisions
1370	relating to audits and investigations of each office of
1371	public guardian; requiring a public guardian to ensure
1372	that each of his or her wards is personally visited at
1373	least quarterly; providing for the assessment of certain
1374	conditions during the personal visit; providing for
1375	additional distribution of a specified annual report;
1376	deleting a definition; amending s. 765.101, F.S.;
1377	redefining the term "health care decision" to include
1378	informed consent for mental health treatment services;
1379	amending s. 28.345, F.S.; revising provisions relating to
1380	exemptions from paying court-related fees and charges;
1381	amending ss. 121.091, 121.4501, 709.08, and 744.1085,
1382	F.S.; conforming cross-references; reenacting s.
1383	117.107(4), F.S., relating to prohibited acts of a notary
1384	public, to incorporate the amendment made to s. 744.3215,
1385	F.S., in a reference thereto; providing an effective date.

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