Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 457, 2nd Eng.
Barcode 560218
CHAMBER ACTION
Senate House
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3 Floor: 1/AD/3R .
05/04/2006 01:07 PM .
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11 Senator Saunders moved the following amendment:
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13 Senate Amendment
14 Delete lines 510 through 621,
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16 and insert: credit or criminal history record check is
17 required, the court must consider the results of any
18 investigation before ng a guardian. At any time, the
19 court may require a guardian or the guardian's employees to
20 submit to an investigation of the person's credit history and
21 complete a level 1 background screening as set forth in s.
22 435.03. The court shall consider the results of any
23 investigation when reappointing a guardian. The clerk of the
24 court shall maintain a file on each guardian appointed by the
25 court and retain in the file documentation of the result of
26 any investigation conducted under this section. A professional
27 guardian must pay the clerk of the court a fee of up to $7.50
28 for handling and processing professional guardian files.
29 (2) The court and the Statewide Public Guardianship
30 Office shall accept the satisfactory completion of a criminal
31 history record check by any method described in this
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 457, 2nd Eng.
Barcode 560218
1 subsection. A guardian satisfies the requirements of this
2 section by undergoing:
3 (a) An electronic fingerprint criminal history record
4 check. A guardian may use any electronic fingerprinting
5 equipment used for criminal history record checks of public
6 employees. The guardian shall pay the actual costs incurred by
7 the Federal Bureau of Investigation and the Department of Law
8 Enforcement for the criminal history record check. The agency
9 that operates the equipment used by the guardian may charge
10 the guardian an additional fee, not to exceed $10, for the use
11 of the equipment. The agency completing the record check must
12 immediately send the results of the criminal history record
13 check to the clerk of the court and the Statewide Public
14 Guardianship Office. The clerk of the court shall maintain the
15 results in the guardian's file and shall make the results
16 available to the court; or
17 (b) A criminal history record check using a
18 fingerprint card. The clerk of the court shall obtain
19 fingerprint cards from the Federal Bureau of Investigation and
20 make them available to guardians. Any guardian who is so
21 required shall have his or her fingerprints taken and forward
22 the proper fingerprint card along with the necessary fee to
23 the Florida Department of Law Enforcement for processing. The
24 professional guardian shall pay to the clerk of the court a
25 fee of up to $7.50 for handling and processing professional
26 guardian files. The results of the fingerprint card criminal
27 history record checks shall be forwarded to the clerk of the
28 court who shall maintain the results in the guardian's a
29 guardian file and shall make the results available to the
30 court and the Statewide Public Guardianship Office.
31 (3)(a) A professional guardian, and each employee of a
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 457, 2nd Eng.
Barcode 560218
1 professional guardian who has a fiduciary responsibility to a
2 ward, must complete, at his or her own expense, a level 2
3 background screening as set forth in s. 435.04 before and at
4 least once every 5 years after the date the guardian is
5 appointed. A professional guardian, and each employee of a
6 professional guardian who has a fiduciary responsibility to a
7 ward, must complete, at his or her own expense, a level 1
8 background screening as set forth in s. 435.03 at least once
9 every 2 years after the date the guardian is appointed.
10 However, a person is not required to resubmit fingerprints for
11 a criminal history record check if he or she has been screened
12 using electronic fingerprinting equipment and the fingerprints
13 are retained by the Department of Law Enforcement in order to
14 notify the clerk of the court of any crime charged against the
15 person in this state or elsewhere, as appropriate.
16 (b) Effective December 15, 2006, all fingerprints
17 electronically submitted to the Department of Law Enforcement
18 under this section shall be retained by the Department of Law
19 Enforcement in a manner provided by rule and entered in the
20 statewide automated fingerprint identification system
21 authorized by s. 943.05(2)(b). The fingerprints shall
22 thereafter be available for all purposes and uses authorized
23 for arrest fingerprint cards entered in the Criminal Justice
24 Information Program under s. 943.051.
25 (c) Effective December 15, 2006, the Department of Law
26 Enforcement shall search all arrest fingerprint cards received
27 under s. 943.051 against the fingerprints retained in the
28 statewide automated fingerprint identification system under
29 paragraph (b). Any arrest record that is identified with the
30 fingerprints of a person described in this paragraph must be
31 reported to the clerk of court. The clerk of court must
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 457, 2nd Eng.
Barcode 560218
1 forward any arrest record received for a professional guardian
2 to the Statewide Public Guardianship Office within 5 days.
3 Each guardian who elects to submit fingerprint information
4 electronically shall participate in this search process by
5 paying an annual fee to the Statewide Public Guardianship
6 Office of the Department of Elderly Affairs and by informing
7 the clerk of court and the Statewide Public Guardianship
8 Office of any change in the status of his or her guardianship
9 appointment. The amount of the annual fee to be imposed for
10 performing these searches and the procedures for the retention
11 of guardian fingerprints and the dissemination of search
12 results shall be established by rule of the Department of Law
13 Enforcement. At least once every 5 years, the Statewide Public
14 Guardianship Office must request that the Department of Law
15 Enforcement forward the fingerprints maintained under this
16 section to the Federal Bureau of Investigation.
17 (4)(a) A professional guardian, and each employee of a
18 professional guardian who has a fiduciary responsibility to a
19 ward, must complete, at his or her own expense, an
20 investigation of his or her credit history before and at least
21 once every 2 years after the date of the guardian's
22 appointment.
23 (b) The Statewide Public Guardianship Office shall
24 adopt a rule detailing the acceptable methods for completing a
25 credit investigation under this section. If appropriate, the
26 Statewide Public Guardianship Office may administer credit
27 investigations. If the office chooses to administer the credit
28 investigation, the office may adopt a rule setting a fee, not
29 to exceed $25, to reimburse the costs associated with the
30 administration of a credit investigation.
31 (5) The Statewide Public Guardianship Office may
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 457, 2nd Eng.
Barcode 560218
1 inspect at any time the results of any credit or criminal
2 history record check of a public or professional guardian
3 conducted under this section. The office shall maintain copies
4 of the credit or criminal history record check results in the
5 guardian's registration file. If the
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