HB 457

1	A bill to be entitled
2	An act relating to guardianship; amending s. 744.102,
3	F.S.; defining the terms "audit" and "surrogate guardian";
4	amending s. 744.1083, F.S.; providing that the Statewide
5	Public Guardianship Office need not review credit and
6	criminal investigations from a college or university
7	before registering the institution as a professional
8	guardian; amending s. 744.301, F.S.; providing that in the
9	event of death, the surviving parent is the sole natural
10	guardian of a minor; prohibiting a natural guardian from
11	using the property of the ward for the guardian's benefit
12	without a court order; creating s. 744.3025, F.S.;
13	authorizing a court to appoint a guardian ad litem to
14	represent a minor's interest in certain claims that exceed
15	a specified amount; requiring a court to appoint a
16	guardian ad litem to represent a minor's interest in
17	certain claims that exceed a specified amount; providing
18	that a court need not appoint a guardian ad litem under
19	certain circumstances; requiring a court to award
20	reasonable fees and costs to the guardian ad litem;
21	amending s. 744.3031, F.S.; increasing the time an
22	emergency temporary guardian may serve; increasing the
23	time of an extension; requiring an emergency temporary
24	guardian to file a final report; providing for the
25	contents of the final report; amending s. 744.304, F.S.;
26	specifying the persons who may file a petition for a
27	standby guardian; requiring that notice of the appointment
28	hearing be served on the ward's next of kin; clarifying
29	when a standby guardian may assume the duties of guardian;
30	requiring that each standby guardian submit to credit and
31	criminal background checks; amending s. 744.3115, F.S.;
32	defining the term "health care decision"; amending s.
33	744.3135, F.S.; providing procedures for completing a
34	guardian's criminal background investigation; authorizing
35	a guardian to use inkless electronic fingerprinting
36	equipment that is available for background investigations
37	of public employees; providing that a guardian need not be
38	rescreened if he or she uses certain inkless electronic
39	fingerprinting equipment; providing for fees; requiring
40	the Statewide Public Guardianship Office to adopt a rule
41	for credit investigations of guardians; amending s.
42	744.3145, F.S.; reducing the time in which a guardian must
43	complete the education courses; amending s. 744.3215,
44	F.S.; providing that an incapacitated person retains the
45	right to receive services and rehabilitation necessary to
46	maximize the quality of the person's life; revising
47	provisions relating to rights that may be removed from a
48	person determined incapacitated; amending s. 744.331,
49	F.S.; requiring that the court appoint an attorney for an
50	alleged incapacitated person from a specified registry;
51	requiring attorneys to complete certain training programs;
52	providing that a member of the examining committee may not
53	be related to or associated with certain persons;
54	prohibiting a person who served on an examining committee
55	from being appointed as the guardian; requiring each
56	member of an examining committee to file an affidavit
57	stating that he or she has completed or will timely
58	complete the mandatory training; providing for training
59	programs; requiring each member to report the time and
60	date that he or she examined the person alleged to be
61	incapacitated, the names of all persons present during the
62	examination, and the response and name of each person
63	supplying an answer posed to the examinee; providing for
64	an award of attorney's fees; amending s. 744.341, F.S.;
65	requiring the voluntary guardian to include certain
66	information in the annual report; requiring that certain
67	specified information be included in the notice to
68	terminate a voluntary guardianship; amending s. 744.361,
69	F.S.; requiring a professional guardian to ensure that
70	each of his or her wards is personally visited at least
71	quarterly; providing for the assessment of certain
72	conditions during the personal visit; providing an
73	exemption; amending s. 744.365, F.S.; requiring that the
74	verified inventory include information on any trust to
75	which a ward is a beneficiary; amending s. 744.367, F.S.;
76	requiring that the annual report of the guardian filing on
77	a calendar-year basis be filed on or before a specified
78	date; exempting all minor wards from service of the annual
79	report; amending s. 744.3675, F.S.; requiring that the
80	annual guardianship plan include information on the mental
81	condition of the ward; providing for an annual
82	guardianship plan for wards who are minors; amending s.
83	744.3678, F.S.; providing that property of the ward which
84	is not under the control of the guardian, including
85	certain trusts, is not subject to annual accounting;
86	requiring certain documentation for the annual accounting;
87	amending s. 744.3679, F.S.; removing a provision
88	prohibiting the clerk of the court from having
89	responsibility for monitoring or auditing accounts in
90	certain cases; amending s. 744.368, F.S.; requiring that
91	the verified inventory and the accountings be audited
92	within a specified time period; amending s. 744.441, F.S.;
93	requiring the court to retain oversight for assets of a
94	ward transferred to a trust; creating s. 744.442, F.S.;
95	providing that a guardian may designate a surrogate
96	guardian to exercise the powers of the guardian if the
97	guardian is unavailable to act; requiring the surrogate
98	guardian to be a professional guardian; providing the
99	procedures to be used in appointing a surrogate guardian;
100	providing the duties of a surrogate guardian; requiring
101	the guardian to be liable for the acts of the surrogate
102	guardian; authorizing the guardian to terminate the
103	services of the surrogate guardian by filing a written
104	notice of the termination with the court; amending s.
105	744.464, F.S.; removing the state attorney from the list
106	of persons to be served a notice of a hearing on
107	restoration of capacity; removing a time limitation on the
108	filing of a suggestion of capacity; amending s. 744.474,
109	F.S.; revising provisions relating to removal of a
110	guardian who is not a family member; revising provisions
111	relating to removal of a guardian upon a showing that
112	removal of the current guardian is in the best interest of
113	the ward; amending s. 744.511, F.S.; providing that a ward
114	who is a minor need not be served with the final report of
115	a removed guardian; amending s. 744.527, F.S.; providing
116	that final reports for a deceased ward be filed at a
117	specified time; amending s. 744.528, F.S.; providing for a
118	notice of the hearing for objections to a report filed by
119	a guardian; amending s. 744.708, F.S.; requiring a public
120	guardian to ensure that each of his or her wards is
121	personally visited at least quarterly; providing for the
122	assessment of certain conditions during the personal
123	visit; amending s. 765.101, F.S.; redefining the term
124	"health care decision" to include informed consent for
125	mental health treatment services; amending s. 28.345,
126	F.S.; revising provisions relating to exemptions from
127	paying court-related fees and charges; amending ss.
128	121.091, 121.4501, 709.08, and 744.1085, F.S.; conforming
129	cross-references; reenacting s. 117.107(4), F.S., relating
130	to prohibited acts of a notary public, to incorporate the
131	amendment made to s. 744.3215, F.S., in a reference
132	thereto; amending s. 318.18, F.S.; authorizing a county to
133	impose a surcharge on certain civil penalties to fund
134	local participation in the public guardianship program;
135	prescribing prerequisites for imposing the surcharge;
136	providing a limit on the surcharge; creating s. 938.065,
137	F.S.; requiring that a specified surcharge be assessed
138	against all misdemeanor offenses; providing that the clerk
139	of the court may retain a service charge; directing that
140	the funds collected be used to fund public guardianship
141	programs; providing an effective date.
142
143	Be It Enacted by the Legislature of the State of Florida:
144
145	Section 1.  Section 744.102, Florida Statutes, is amended
146	to read:
147	744.102  Definitions.--As used in this chapter, the term:
148	(1)  "Attorney for the alleged incapacitated person" means
149	an attorney who represents the alleged incapacitated person. The
150	Such attorney shall represent the expressed wishes of the
151	alleged incapacitated person to the extent it is consistent with
152	the rules regulating The Florida Bar.
153	(2)  "Audit" means a systematic review of financial
154	documents with adherence to generally accepted auditing
155	standards.
156	(3)(2)  "Clerk" means the clerk or deputy clerk of the
157	court.
158	(4)(3)  "Corporate guardian" means a corporation authorized
159	to exercise fiduciary or guardianship powers in this state and
160	includes a nonprofit corporate guardian.
161	(5)(4)  "Court" means the circuit court.
162	(6)(5)  "Court monitor" means a person appointed by the
163	court under pursuant to s. 744.107 to provide the court with
164	information concerning a ward.
165	(7)(6)  "Estate" means the property of a ward subject to
166	administration.
167	(8)(7)  "Foreign guardian" means a guardian appointed in
168	another state or country.
169	(9)(8)  "Guardian" means a person who has been appointed by
170	the court to act on behalf of a ward's person or property, or
171	both.
172	(a)  "Limited guardian" means a guardian who has been
173	appointed by the court to exercise the legal rights and powers
174	specifically designated by court order entered after the court
175	has found that the ward lacks the capacity to do some, but not
176	all, of the tasks necessary to care for his or her person or
177	property, or after the person has voluntarily petitioned for
178	appointment of a limited guardian.
179	(b)  "Plenary guardian" means a person who has been
180	appointed by the court to exercise all delegable legal rights
181	and powers of the ward after the court has found that the ward
182	lacks the capacity to perform all of the tasks necessary to care
183	for his or her person or property.
184	(10)(9)  "Guardian ad litem" means a person who is
185	appointed by the court having jurisdiction of the guardianship
186	or a court in which a particular legal matter is pending to
187	represent a ward in that proceeding.
188	(11)(10)  "Guardian advocate" means a person appointed by a
189	written order of the court to represent a person with
190	developmental disabilities under s. 393.12. As used in this
191	chapter, the term does not apply to a guardian advocate
192	appointed for a person determined incompetent to consent to
193	treatment under s. 394.4598.
194	(12)(11)  "Incapacitated person" means a person who has
195	been judicially determined to lack the capacity to manage at
196	least some of the property or to meet at least some of the
197	essential health and safety requirements of the such person.
198	(a)  To "manage property" means to take those actions
199	necessary to obtain, administer, and dispose of real and
200	personal property, intangible property, business property,
201	benefits, and income.
202	(b)  To "meet essential requirements for health or safety"
203	means to take those actions necessary to provide the health
204	care, food, shelter, clothing, personal hygiene, or other care
205	without which serious and imminent physical injury or illness is
206	more likely than not to occur.
207	(13)(12)  "Minor" means a person under 18 years of age
208	whose disabilities have not been removed by marriage or
209	otherwise.
210	(14)(13)  "Next of kin" means those persons who would be
211	heirs at law of the ward or alleged incapacitated person if the
212	such person were deceased and includes the lineal descendants of
213	the such ward or alleged incapacitated person.
214	(15)(14)  "Nonprofit corporate guardian" means a nonprofit
215	corporation organized for religious or charitable purposes and
216	existing under the laws of this state.
217	(16)(15)  "Preneed guardian" means a person named in a
218	written declaration to serve as guardian in the event of the
219	incapacity of the declarant as provided in s. 744.3045.
220	(17)(16)  "Professional guardian" means any guardian who
221	receives or has at any time received compensation for services
222	rendered services to three or more than two wards as their
223	guardian. A person serving as a guardian for two or more
224	relatives as defined in s. 744.309(2) is not considered a
225	professional guardian. A public guardian shall be considered a
226	professional guardian for purposes of regulation, education, and
227	registration.
228	(18)(17)  "Property" means both real and personal property
229	or any interest in it and anything that may be the subject of
230	ownership.
231	(19)(18)  "Standby guardian" means a person empowered to
232	assume the duties of guardianship upon the death or adjudication
233	of incapacity of the last surviving natural or appointed
234	guardian.
235	(20)  "Surrogate guardian" means a guardian designated
236	according to s. 744.442.
237	(21)(19)  "Totally incapacitated" means incapable of
238	exercising any of the rights enumerated in s. 744.3215(2) and
239	(3).
240	(22)(20)  "Ward" means a person for whom a guardian has
241	been appointed.
242	Section 2.  Subsection (10) of section 744.1083, Florida
243	Statutes, is amended to read:
244	744.1083  Professional guardian registration.--
245	(10)  A state college or university or an independent
246	college or university described in s. 1009.98(3)(a), may, but is
247	not required to, register as a professional guardian under this
248	section. If a state college or university or independent college
249	or university elects to register as a professional guardian
250	under this subsection, the requirements of subsections (3) and
251	(4) subsection (3) do not apply and the registration must
252	include only the name, address, and employer identification
253	number of the registrant.
254	Section 3.  Section 744.301, Florida Statutes, is amended
255	to read:
256	744.301  Natural guardians.--
257	(1)  The mother and father jointly are natural guardians of
258	their own children and of their adopted children, during
259	minority. If one parent dies, the surviving parent remains the
260	sole natural guardian even if he or she the natural guardianship
261	shall pass to the surviving parent, and the right shall continue
262	even though the surviving parent remarries. If the marriage
263	between the parents is dissolved, the natural guardianship
264	belongs shall belong to the parent to whom the custody of the
265	child is awarded. If the parents are given joint custody, then
266	both shall continue as natural guardians. If the marriage is
267	dissolved and neither the father nor the mother is given custody
268	of the child, neither shall act as natural guardian of the
269	child. The mother of a child born out of wedlock is the natural
270	guardian of the child and is entitled to primary residential
271	care and custody of the child unless a court of competent
272	jurisdiction enters an order stating otherwise.
273	(2)  The Natural guardian or guardians are authorized, on
274	behalf of any of their minor children, to:
275	(a)  Settle and consummate a settlement of any claim or
276	cause of action accruing to any of their minor children for
277	damages to the person or property of any of said minor children;
278	(b)  Collect, receive, manage, and dispose of the proceeds
279	of any such settlement;
280	(c)  Collect, receive, manage, and dispose of any real or
281	personal property distributed from an estate or trust;
282	(d)  Collect, receive, manage, and dispose of and make
283	elections regarding the proceeds from a life insurance policy or
284	annuity contract payable to, or otherwise accruing to the
285	benefit of, the child; and
286	(e)  Collect, receive, manage, dispose of, and make
287	elections regarding the proceeds of any benefit plan as defined
288	by s. 710.102, of which the minor is a beneficiary, participant,
289	or owner,
290
291	without appointment, authority, or bond, when the amounts
292	received, in the aggregate, do amount involved in any instance
293	does not exceed $15,000.
294	(3)  All instruments executed by a natural guardian for the
295	benefit of the ward under the powers specified provided for in
296	subsection (2) shall be binding on the ward. The natural
297	guardian may not, without a court order, use the property of the
298	ward for the guardian's benefit or to satisfy the guardian's
299	support obligation to the ward.
300	(4)(a)  In any case where a minor has a claim for personal
301	injury, property damage, or wrongful death in which the gross
302	settlement for the claim of the minor exceeds $15,000, the court
303	may, prior to the approval of the settlement of the minor's
304	claim, appoint a guardian ad litem to represent the minor's
305	interests. In any case in which the gross settlement involving a
306	minor equals or exceeds $25,000, the court shall, prior to the
307	approval of the settlement of the minor's claim, appoint a
308	guardian ad litem to represent the minor's interests. The
309	appointment of the guardian ad litem must be without the
310	necessity of bond or a notice. The duty of the guardian ad litem
311	is to protect the minor's interests. The procedure for carrying
312	out that duty is as prescribed in the Florida Probate Rules. If
313	a legal guardian of the minor has previously been appointed and
314	has no potential adverse interest to the minor, the court may
315	not appoint a guardian ad litem to represent the minor's
316	interests, unless the court determines that the appointment is
317	otherwise necessary.
318	(b)  Unless waived, the court shall award reasonable fees
319	and costs to the guardian ad litem to be paid out of the gross
320	proceeds of the settlement.
321	Section 4.  Section 744.3025, Florida Statutes, is created
322	to read:
323	744.3025  Claims of minors.--
324	(1)(a)  The court may appoint a guardian ad litem to
325	represent the minor's interest before approving a settlement of
326	the minor's portion of the claim in any case in which a minor
327	has a claim for personal injury, property damage, wrongful
328	death, or other cause of action in which the gross settlement of
329	the claim exceeds $15,000.
330	(b)  The court shall appoint a guardian ad litem to
331	represent the minor's interest before approving a settlement of
332	the minor's claim in any case in which the gross settlement
333	involving a minor equals or exceeds $50,000.
334	(c)  The appointment of the guardian ad litem must be
335	without the necessity of bond or notice.
336	(d)  The duty of the guardian ad litem is to protect the
337	minor's interests as described in the Florida Probate Rules.
338	(e)  A court need not appoint a guardian ad litem for the
339	minor if a guardian of the minor has previously been appointed
340	and that guardian has no potential adverse interest to the
341	minor. A court may appoint a guardian ad litem if the court
342	believes a guardian ad litem is necessary to protect the
343	interests of the minor.
344	(2)  Unless waived, the court shall award reasonable fees
345	and costs to the guardian ad litem to be paid out of the gross
346	proceeds of the settlement.
347	Section 5.  Subsection (3) of section 744.3031, Florida
348	Statutes, is amended, and subsection (8) is added to that
349	section, to read:
350	744.3031  Emergency temporary guardianship.--
351	(3)  The authority of an emergency temporary guardian
352	expires 90 60 days after the date of appointment or when a
353	guardian is appointed, whichever occurs first. The authority of
354	the emergency temporary guardian may be extended for an
355	additional 90 30 days upon a showing that the emergency
356	conditions still exist.
357	(8)(a)  An emergency temporary guardian shall file a final
358	report no later than 30 days after the expiration of the
359	emergency temporary guardianship.
360	(b)  An emergency temporary guardian is a guardian for the
361	property. The final report must consist of a verified inventory
362	of the property, as provided in s. 744.365, as of the date the
363	letters of emergency temporary guardianship were issued, a final
364	accounting that gives a full and correct account of the receipts
365	and disbursements of all the property of the ward over which the
366	guardian had control, and a statement of the property of the
367	ward on hand at the end of the emergency temporary guardianship.
368	If the emergency temporary guardian becomes the successor
369	guardian of the property, the final report must satisfy the
370	requirements of the initial guardianship report for the guardian
371	of the property as provided in s. 744.362.
372	(c)  If the emergency temporary guardian is a guardian of
373	the person, the final report must summarize the activities of
374	the temporary guardian with regard to residential placement,
375	medical condition, mental health and rehabilitative services,
376	and the social condition of the ward to the extent of the
377	authority granted to the temporary guardian in the letters of
378	guardianship. If the emergency temporary guardian becomes the
379	successor guardian of the person, the report must satisfy the
380	requirements of the initial report for a guardian of the person
381	as stated in s. 744.362.
382	(d)  A copy of the final report of the emergency temporary
383	guardianship shall be served on the successor guardian and the
384	ward.
385	Section 6.  Section 744.304, Florida Statutes, is amended
386	to read:
387	744.304  Standby guardianship.--
388	(1)  Upon a petition by the natural guardians or a guardian
389	appointed under s. 744.3021, the court may appoint a standby
390	guardian of the person or property of a minor or consent of both
391	parents, natural or adoptive, if living, or of the surviving
392	parent, a standby guardian of the person or property of a minor
393	may be appointed by the court. The court may also appoint an
394	alternate to the guardian to act if the standby guardian does
395	not serve or ceases to serve after appointment. Notice of a
396	hearing on the petition must be served on the parents, natural
397	or adoptive, and on any guardian currently serving unless the
398	notice is waived in writing by them or waived by the court for
399	good cause shown shall renounce, die, or become incapacitated
400	after the death of the last surviving parent of the minor.
401	(2)  Upon petition of a currently serving guardian, a
402	standby guardian of the person or property of an incapacitated
403	person may be appointed by the court. Notice of the hearing
404	shall be served on the ward's next of kin.
405	(3)  The standby guardian or alternate shall be empowered
406	to assume the duties of guardianship his or her office
407	immediately on the death, removal, or resignation of the
408	guardian of a minor, or on the death or adjudication of
409	incapacity of the last surviving natural guardian or adoptive
410	parent of a minor, or upon the death, removal, or resignation of
411	the guardian for an adult. The; however, such a guardian of the
412	ward's property may not be empowered to deal with the ward's
413	property, other than to safeguard it, before prior to issuance
414	of letters of guardianship. If the ward incapacitated person is
415	over the age of 18 years, the court shall conduct a hearing as
416	provided in s. 744.331 before confirming the appointment of the
417	standby guardian, unless the ward has previously been found to
418	be incapacitated.
419	(4)  Within 20 days after assumption of duties as guardian,
420	a standby guardian shall petition for confirmation of
421	appointment. If the court finds the standby guardian to be
422	qualified to serve as guardian under pursuant to ss. 744.309 and
423	744.312, appointment of the guardian must be confirmed. Each
424	guardian so confirmed shall file an oath in accordance with s.
425	744.347, and shall file a bond, and shall submit to a credit and
426	criminal investigation as set forth in s. 744.3135, if required.
427	Letters of guardianship must then be issued in the manner
428	provided in s. 744.345.
429	(5)  After the assumption of duties by a standby guardian,
430	the court shall have jurisdiction over the guardian and the
431	ward.
432	Section 7.  Section 744.3115, Florida Statutes, is amended
433	to read:
434	744.3115  Advance directives for health care.--In each
435	proceeding in which a guardian is appointed under this chapter,
436	the court shall determine whether the ward, prior to incapacity,
437	has executed any valid advance directive under pursuant to
438	chapter 765. If any such advance directive exists, the court
439	shall specify in its order and letters of guardianship what
440	authority, if any, the guardian shall exercise over the
441	surrogate. Pursuant to the grounds listed in s. 765.105, the
442	court, upon its own motion, may, with notice to the surrogate
443	and any other appropriate parties, modify or revoke the
444	authority of the surrogate to make health care decisions for the
445	ward. For purposes of this section, the term "health care
446	decision" has the same meaning as in s. 765.101.
447	Section 8.  Section 744.3135, Florida Statutes, is amended
448	to read:
449	744.3135  Credit and criminal investigation.--
450	(1)  The court may require a nonprofessional guardian and
451	shall require a professional or public guardian, and all
452	employees of a professional guardian who have a fiduciary
453	responsibility to a ward, to submit, at their own expense, to an
454	investigation of the guardian's credit history and to undergo
455	level 2 background screening as required under s. 435.04. If a
456	credit or criminal investigation is required, the court must
457	consider the results of any investigation before appointing a
458	guardian. At any time, the court may require a guardian or the
459	guardian's employees to submit to an investigation of the
460	person's credit history and complete a level 1 background
461	screening as set forth in s. 435.03. The court shall consider
462	the results of any investigation when reappointing a guardian.
463	The clerk of the court shall maintain a file on each guardian
464	appointed by the court and retain in the file documentation of
465	the result of any investigation conducted under this section. A
466	professional guardian must pay the clerk of the court a fee of
467	up to $7.50 for handling and processing professional guardian
468	files.
469	(2)  The court and the Statewide Public Guardianship Office
470	shall accept the satisfactory completion of a criminal
471	background investigation by any method described in this
472	subsection. A guardian satisfies the requirements of this
473	section by undergoing:
474	(a)  An inkless electronic fingerprint criminal background
475	investigation. A guardian may use any inkless electronic
476	fingerprinting equipment used for criminal background
477	investigations of public employees. The guardian shall pay the
478	actual costs incurred by the Federal Bureau of Investigation and
479	the Department of Law Enforcement for the criminal background
480	investigation. The agency that operates the equipment used by
481	the guardian may charge the guardian an additional fee, not to
482	exceed $10, for the use of the equipment. The agency completing
483	the investigation must immediately send the results of the
484	criminal background investigation to the clerk of the court and
485	the Statewide Public Guardianship Office. The clerk of the court
486	shall maintain the results in the guardian's file and shall make
487	the results available to the court; or
488	(b)  A criminal background investigation using a
489	fingerprint card. The clerk of the court shall obtain
490	fingerprint cards from the Federal Bureau of Investigation and
491	make them available to guardians. Any guardian who is so
492	required shall have his or her fingerprints taken and forward
493	the proper fingerprint card along with the necessary fee to the
494	Florida Department of Law Enforcement for processing. The
495	professional guardian shall pay to the clerk of the court a fee
496	of up to $7.50 for handling and processing professional guardian
497	files. The results of the fingerprint card background
498	investigations checks shall be forwarded to the clerk of the
499	court who shall maintain the results in the guardian's a
500	guardian file and shall make the results available to the court
501	and the Statewide Public Guardianship Office.
502	(3)(a)  A professional guardian, and each employee of a
503	professional guardian who has a fiduciary responsibility to a
504	ward, must complete, at his or her own expense, a level 2
505	background screening as set forth in s. 435.04 before and at
506	least once every 5 years after the date the guardian is
507	appointed. A professional guardian, and each employee of a
508	professional guardian who has a fiduciary responsibility to a
509	ward, must complete, at his or her own expense, a level 1
510	background screening as set forth in s. 435.03 at least once
511	every 2 years after the date the guardian is appointed. However,
512	a person is not required to resubmit fingerprints for a criminal
513	background investigation if he or she has been screened using
514	inkless electronic fingerprinting equipment that is capable of
515	notifying the clerk of the court of any crime charged against
516	the person in this state or elsewhere, as appropriate.
517	(b)  Effective December 15, 2006, all fingerprints
518	electronically submitted to the Department of Law Enforcement
519	under this section shall be retained by the Department of Law
520	Enforcement in a manner provided by rule and entered in the
521	statewide automated fingerprint identification system authorized
522	by s. 943.05(2)(b). The fingerprints shall thereafter be
523	available for all purposes and uses authorized for arrest
524	fingerprint cards entered in the Criminal Justice Information
525	Program under s. 943.051.
526	(c)  Effective December 15, 2006, the Department of Law
527	Enforcement shall search all arrest fingerprint cards received
528	under s. 943.051 against the fingerprints retained in the
529	statewide automated fingerprint identification system under
530	paragraph (b). Any arrest record that is identified with the
531	fingerprints of a person described in this paragraph must be
532	reported as soon as possible to the clerk of the court. The
533	clerk of the court must forward any arrest record received for a
534	professional guardian to the Statewide Public Guardianship
535	Office within 5 days. Each guardian who elects to undergo an
536	inkless electronic background investigation shall participate in
537	this search process by paying an annual fee to the clerk of the
538	court and by informing the clerk of the court of any change in
539	the status of his or her guardianship appointment. The amount of
540	the annual fee to be imposed upon each clerk of the court for
541	performing these searches and the procedures for the retention
542	of guardian fingerprints and the dissemination of search results
543	shall be established by rule of the Department of Law
544	Enforcement. The fee may be borne by the clerk of the court or
545	the guardian, but may not exceed $10.
546	(4)(a)  A professional guardian, and each employee of a
547	professional guardian who has a fiduciary responsibility to a
548	ward, must complete, at his or her own expense, an investigation
549	of his or her credit history before and at least once every 2
550	years after the date of the guardian's appointment.
551	(b)  The Statewide Public Guardianship Office shall adopt a
552	rule detailing the acceptable methods for completing a credit
553	investigation under this section. If appropriate, the Statewide
554	Public Guardianship Office may administer credit investigations.
555	If the office chooses to administer the credit investigation,
556	the office may adopt a rule setting a fee, not to exceed $25, to
557	reimburse the costs associated with the administration of a
558	credit investigation.
559	(5)  The Statewide Public Guardianship Office may inspect
560	at any time the results of any credit or criminal investigation
561	of a public or professional guardian conducted under this
562	section. The office shall maintain copies of the credit or
563	criminal results in the guardian's registration file. If the
564	results of a credit or criminal investigation of a public or
565	professional guardian have not been forwarded to the Statewide
566	Public Guardianship Office by the investigating agency, the
567	clerk of the court shall forward copies of the results of the
568	investigations to the office upon receiving them. If credit or
569	criminal investigations are required, the court must consider
570	the results of the investigations before appointing a guardian.
571	Professional guardians and all employees of a professional
572	guardian who have a fiduciary responsibility to a ward, so
573	appointed, must resubmit, at their own expense, to an
574	investigation of credit history, and undergo level 1 background
575	screening as required under s. 435.03, at least every 2 years
576	after the date of their appointment. At any time, the court may
577	require guardians or their employees to submit to an
578	investigation of credit history and undergo level 1 background
579	screening as required under s. 435.03. The court must consider
580	the results of these investigations in reappointing a guardian.
581	(1)  Upon receiving the results of a credit or criminal
582	investigation of any public or professional guardian, the clerk
583	of the court shall forward copies of the results to the
584	Statewide Public Guardianship Office in order that the results
585	may be maintained in the guardian's registration file.
586	(6)(2)  The requirements of this section do does not apply
587	to a professional guardian, or to the employees of a
588	professional guardian, that which is a trust company, a state
589	banking corporation or state savings association authorized and
590	qualified to exercise fiduciary powers in this state, or a
591	national banking association or federal savings and loan
592	association authorized and qualified to exercise fiduciary
593	powers in this state.
594	Section 9.  Subsection (4) of section 744.3145, Florida
595	Statutes, is amended to read:
596	744.3145  Guardian education requirements.--
597	(4)  Each person appointed by the court to be a guardian
598	must complete the required number of hours of instruction and
599	education within 4 months 1 year after his or her appointment as
600	guardian. The instruction and education must be completed
601	through a course approved by the chief judge of the circuit
602	court and taught by a court-approved organization. Court-
603	approved organizations may include, but are not limited to,
604	community or junior colleges, guardianship organizations, and
605	the local bar association or The Florida Bar.
606	Section 10.  Paragraph (i) of subsection (1) and subsection
607	(2) of section 744.3215, Florida Statutes, are amended to read:
608	744.3215  Rights of persons determined incapacitated.--
609	(1)  A person who has been determined to be incapacitated
610	retains the right:
611	(i)  To receive necessary services and rehabilitation
612	necessary to maximize the quality of life.
613	(2)  Rights that may be removed from a person by an order
614	determining incapacity but not delegated to a guardian include
615	the right:
616	(a)  To marry. If the right to enter into a contract has
617	been removed, the right to marry is subject to court approval.
618	(b)  To vote.
619	(c)  To personally apply for government benefits.
620	(d)  To have a driver's license.
621	(e)  To travel.
622	(f)  To seek or retain employment.
623	Section 11.  Subsections (2), (3), and (7) of section
624	744.331, Florida Statutes, are amended to read:
625	744.331  Procedures to determine incapacity.--
626	(2)  ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.--
627	(a)  When a court appoints an attorney for an alleged
628	incapacitated person, the court must appoint an attorney who is
629	included in the attorney registry compiled by the circuit's
630	Article V indigent services committee. Appointments must be made
631	on a rotating basis, taking into consideration conflicts arising
632	under this chapter.
633	(b)(a)  The court shall appoint an attorney for each person
634	alleged to be incapacitated in all cases involving a petition
635	for adjudication of incapacity. The alleged incapacitated person
636	may substitute her or his own attorney for the attorney
637	appointed by the court, subject to court approval.
638	(c)(b)  Any attorney representing an alleged incapacitated
639	person may not serve as guardian of the alleged incapacitated
640	person or as counsel for the guardian of the alleged
641	incapacitated person or the petitioner.
642	(d)  Effective January 1, 2007, an attorney seeking to be
643	appointed by a court for incapacity and guardianship proceedings
644	must have completed a minimum of 8 hours of education in
645	guardianship. A court may waive the initial training requirement
646	for an attorney who has served as a court-appointed attorney in
647	incapacity proceedings or as an attorney of record for guardians
648	for not less than 3 years.
649	(3)  EXAMINING COMMITTEE.--
650	(a)  Within 5 days after a petition for determination of
651	incapacity has been filed, the court shall appoint an examining
652	committee consisting of three members. One member must be a
653	psychiatrist or other physician. The remaining members must be
654	either a psychologist, gerontologist, another psychiatrist, or
655	other physician, a registered nurse, nurse practitioner,
656	licensed social worker, a person with an advanced degree in
657	gerontology from an accredited institution of higher education,
658	or other person who by knowledge, skill, experience, training,
659	or education may, in the court's discretion, advise the court in
660	the form of an expert opinion, including a professional
661	guardian. One of three members of the committee must have
662	knowledge of the type of incapacity alleged in the petition.
663	Unless good cause is shown, the attending or family physician
664	may not be appointed to the committee. If the attending or
665	family physician is available for consultation, the committee
666	must consult with the physician. Members of the examining
667	committee may not be related to or associated with one another,
668	or with the petitioner, with counsel for the petitioner or the
669	proposed guardian, or with the person alleged to be totally or
670	partially incapacitated. A member may not be employed by any
671	private or governmental agency that has custody of, or
672	furnishes, services or subsidies, directly or indirectly, to the
673	person or the family of the person alleged to be incapacitated
674	or for whom a guardianship is sought. A petitioner may not serve
675	as a member of the examining committee. Members of the examining
676	committee must be able to communicate, either directly or
677	through an interpreter, in the language that the alleged
678	incapacitated person speaks or to communicate in a medium
679	understandable to the alleged incapacitated person if she or he
680	is able to communicate. The clerk of the court shall send notice
681	of the appointment to each person appointed no later than 3 days
682	after the court's appointment.
683	(b)  A person who has been appointed to serve as a member
684	of an examining committee to examine an alleged incapacitated
685	person may not thereafter be appointed as a guardian for the
686	person who was the subject of the examination.
687	(c)  Each person appointed to an examining committee must
688	file an affidavit with the court stating that he or she has
689	completed the required courses or will do so no later than 4
690	months after his or her initial appointment. Each year, the
691	chief judge of the circuit must prepare a list of persons
692	qualified to be members of the examining committee.
693	(d)  A member of an examining committee must complete a
694	minimum of 4 hours of initial training. The person must complete
695	2 hours of continuing education during each 2-year period after
696	the initial training. The initial training and continuing
697	education program must be developed under the supervision of the
698	Statewide Public Guardianship Office, in consultation with the
699	Florida Conference of Circuit Court Judges; the Elder Law and
700	the Real Property, Probate and Trust Law sections of The Florida
701	Bar; the Florida State Guardianship Association; and the Florida
702	Guardianship Foundation. The court may waive the initial
703	training requirement for a person who has served for not less
704	than 5 years on examining committees. If a person wishes to
705	obtain his or her continuing education on the Internet or by
706	watching a video course, the person must first obtain the
707	approval of the chief judge before taking an Internet or video
708	course.
709	(e)(b)  Each member of the examining committee shall
710	examine the person. Each The examining committee member must
711	shall determine the alleged incapacitated person's ability to
712	exercise those rights specified in s. 744.3215. In addition to
713	the examination, each the examining committee member must shall
714	have access to, and may consider, previous examinations of the
715	person, including, but not limited to, habilitation plans,
716	school records, and psychological and psychosocial reports
717	voluntarily offered for use by the alleged incapacitated person.
718	Each member of the examining committee must shall submit a
719	report within 15 days after appointment.
720	(f)(c)  The examination of the alleged incapacitated person
721	must include a comprehensive examination, a report of which
722	shall be filed by the examining committee as part of its written
723	report. The comprehensive examination report should be an
724	essential element, but not necessarily the only element, used in
725	making a capacity and guardianship decision. The comprehensive
726	examination must include, if indicated:
727	1.  A physical examination;
728	2.  A mental health examination; and
729	3.  A functional assessment.
730
731	If any of these three aspects of the examination is not
732	indicated or cannot be accomplished for any reason, the written
733	report must explain the reasons for its omission.
734	(g)(d)  The committee's written report must include:
735	1.  To the extent possible, a diagnosis, prognosis, and
736	recommended course of treatment.
737	2.  An evaluation of the alleged incapacitated person's
738	ability to retain her or his rights, including, without
739	limitation, the rights to marry; vote; contract; manage or
740	dispose of property; have a driver's license; determine her or
741	his residence; consent to medical treatment; and make decisions
742	affecting her or his social environment.
743	3.  The results of the comprehensive examination and the
744	committee members' assessment of information provided by the
745	attending or family physician, if any.
746	4.  A description of any matters with respect to which the
747	person lacks the capacity to exercise rights, the extent of that
748	incapacity, and the factual basis for the determination that the
749	person lacks that capacity.
750	5.  The names of all persons present during the time the
751	committee member conducted his or her examination. If a person
752	other than the person who is the subject of the examination
753	supplies answers posed to the alleged incapacitated person, the
754	report must include the response and the name of the person
755	supplying the answer.
756	6.5.  The signature of each member of the committee and the
757	date and time that each member conducted his or her examination.
758	(h)(e)  A copy of the report must be served on the
759	petitioner and on the attorney for the alleged incapacitated
760	person within 3 days after the report is filed and at least 5
761	days before the hearing on the petition.
762	(7)  FEES.--
763	(a)  The examining committee and any attorney appointed
764	under subsection (2) are entitled to reasonable fees to be
765	determined by the court.
766	(b)  The fees awarded under paragraph (a) shall be paid by
767	the guardian from the property of the ward or, if the ward is
768	indigent, by the state. The state shall have a creditor's claim
769	against the guardianship property for any amounts paid under
770	this section. The state may file its claim within 90 days after
771	the entry of an order awarding attorney ad litem fees. If the
772	state does not file its claim within the 90-day period, the
773	state is thereafter barred from asserting the claim. Upon
774	petition by the state for payment of the claim, the court shall
775	enter an order authorizing immediate payment out of the property
776	of the ward. The state shall keep a record of the such payments.
777	(c)  If the petition is dismissed, costs and attorney's
778	fees of the proceeding may be assessed against the petitioner if
779	the court finds the petition to have been filed in bad faith.
780	Section 12.  Subsection (4) of section 744.341, Florida
781	Statutes, is renumbered as subsection (5) and amended, and a new
782	subsection (4) is added to that section, to read:
783	744.341  Voluntary guardianship.--
784	(4)  A guardian must include in the annual report filed
785	with the court a certificate from a licensed physician who
786	examined the ward not more than 90 days before the annual report
787	is filed with the court. The certificate must certify that the
788	ward is competent to understand the nature of the guardianship
789	and of the ward's authority to delegate powers to the voluntary
790	guardian.
791	(5)(4)  A voluntary guardianship may be terminated by the
792	ward by filing a notice with the court that the voluntary
793	guardianship is terminated. The notice must be accompanied by a
794	certificate from a licensed physician who has examined the ward
795	not more than 30 days before the ward filed the notice with the
796	court. The physician must certify that the ward is competent to
797	understand the implications of terminating the guardianship. A
798	copy of the notice and certificate must be served on all
799	interested persons.
800	Section 13.  Subsection (9) is added to section 744.361,
801	Florida Statutes, to read:
802	744.361  Powers and duties of guardian.--
803	(9)  A professional guardian must ensure that each of the
804	guardian's wards is personally visited by the guardian or one of
805	the guardian's professional staff at least once each calendar
806	quarter. During the personal visit, the guardian or the
807	guardian's professional staff person shall assess:
808	(a)  The ward's physical appearance and condition.
809	(b)  The appropriateness of the ward's current living
810	situation.
811	(c)  The need for any additional services and the necessity
812	for continuation of existing services, taking into consideration
813	all aspects of social, psychological, educational, direct
814	service, health, and personal care needs.
815
816	This subsection does not apply to a professional guardian who
817	has been appointed only as guardian of the property.
818	Section 14.  Subsection (2) of section 744.365, Florida
819	Statutes, is amended to read:
820	744.365  Verified inventory.--
821	(2)  CONTENTS.--The verified inventory must include the
822	following:
823	(a)  All property of the ward, real and personal, that has
824	come into the guardian's possession or knowledge, including a
825	statement of all encumbrances, liens, and other secured claims
826	on any item, any claims against the property, and any cause of
827	action accruing to the ward, and any trusts of which the ward is
828	a beneficiary.;
829	(b)  The location of the real and personal property in
830	sufficient detail so that it may be clearly identified or
831	located.; and
832	(c)  A description of all sources of income, including,
833	without limitation, social security benefits and pensions.
834	Section 15.  Subsections (1) and (3) of section 744.367,
835	Florida Statutes, are amended to read:
836	744.367  Duty to file annual guardianship report.--
837	(1)  Unless the court requires filing on a calendar-year
838	basis, each guardian of the person shall file with the court an
839	annual guardianship plan within 90 days after the last day of
840	the anniversary month the letters of guardianship were signed,
841	and the plan must cover the coming fiscal year, ending on the
842	last day in such anniversary month. If the court requires
843	calendar-year filing, the guardianship plan must be filed on or
844	before April 1 of each year within 90 days after the end of the
845	calendar year.
846	(3)  The annual guardianship report of a guardian of the
847	property must consist of an annual accounting, and the annual
848	report of a guardian of the person of an incapacitated person
849	must consist of an annual guardianship plan. The annual report
850	shall be served on the ward, unless the ward is a minor under
851	the age of 14 years or is totally incapacitated, and on the
852	attorney for the ward, if any. The guardian shall provide a copy
853	to any other person as the court may direct.
854	Section 16.  Section 744.3675, Florida Statutes, is amended
855	to read:
856	744.3675  Annual guardianship plan.--Each guardian of the
857	person must file with the court an annual guardianship plan
858	which updates information about the condition of the ward. The
859	annual plan must specify the current needs of the ward and how
860	those needs are proposed to be met in the coming year.
861	(1)  Each plan for an adult ward must, if applicable,
862	include:
863	(a)  Information concerning the residence of the ward,
864	including:
865	1.  The ward's address at the time of filing the plan.;
866	2.  The name and address of each place where the ward was
867	maintained during the preceding year.;
868	3.  The length of stay of the ward at each place.;
869	4.  A statement of whether the current residential setting
870	is best suited for the current needs of the ward.; and
871	5.  Plans for ensuring during the coming year that the ward
872	is in the best residential setting to meet his or her needs.
873	(b)  Information concerning the medical and mental health
874	conditions condition and treatment and rehabilitation needs of
875	the ward, including:
876	1.  A resume of any professional medical treatment given to
877	the ward during the preceding year.;
878	2.  The report of a physician who examined the ward no more
879	than 90 days before the beginning of the applicable reporting
880	period. The Such report must contain an evaluation of the ward's
881	condition and a statement of the current level of capacity of
882	the ward.; and
883	3.  The plan for providing provision of medical, mental
884	health, and rehabilitative services in the coming year.
885	(c)  Information concerning the social condition of the
886	ward, including:
887	1.  The social and personal services currently used
888	utilized by the ward.;
889	2.  The social skills of the ward, including a statement of
890	how well the ward communicates and maintains interpersonal
891	relationships. with others;
892	3.  A description of the ward's activities at communication
893	and visitation; and
894	3.4.  The social needs of the ward.
895	(2)  Each plan filed by the legal guardian of a minor must
896	include:
897	(a)  Information concerning the residence of the minor,
898	including:
899	1.  The minor's address at the time of filing the plan.
900	2.  The name and address of each place the minor lived
901	during the preceding year.
902	(b)  Information concerning the medical and mental health
903	conditions and treatment and rehabilitation needs of the minor,
904	including:
905	1.  A resume of any professional medical treatment given to
906	the minor during the preceding year.
907	2.  A report from the physician who examined the minor no
908	more than 180 days before the beginning of the applicable
909	reporting period that contains an evaluation of the minor's
910	physical and mental conditions.
911	3.  The plan for providing medical services in the coming
912	year.
913	(c)  Information concerning the education of the minor,
914	including:
915	1.  A summary of the school progress report.
916	2.  The social development of the minor, including a
917	statement of how well the minor communicates and maintains
918	interpersonal relationships.
919	3.  The social needs of the minor.
920	(3)(2)  Each plan for an adult ward must address the issue
921	of restoration of rights to the ward and include:
922	(a)  A summary of activities during the preceding year that
923	which were designed to enhance increase the capacity of the
924	ward.;
925	(b)  A statement of whether the ward can have any rights
926	restored.; and
927	(c)  A statement of whether restoration of any rights will
928	be sought.
929	(4)(3)  The court, in its discretion, may require
930	reexamination of the ward by a physician at any time.
931	Section 17.  Subsections (2) and (3) of section 744.3678,
932	Florida Statutes, are amended to read:
933	744.3678  Annual accounting.--
934	(2)  The annual accounting must include:
935	(a)  A full and correct account of the receipts and
936	disbursements of all of the ward's property over which the
937	guardian has control and a statement of the ward's property on
938	hand at the end of the accounting period. This paragraph does
939	not apply to any property or any trust of which the ward is a
940	beneficiary but which is not under the control or administration
941	of the guardian.
942	(b)  A copy of the annual or year-end statement of all of
943	the ward's cash accounts from each of the institutions where the
944	cash is deposited.
945	(3)  The guardian must obtain a receipt, or canceled check,
946	or other proof of payment for all expenditures and disbursements
947	made on behalf of the ward. The guardian must preserve all
948	evidence of payment the receipts and canceled checks, along with
949	other substantiating papers, for a period of 3 years after his
950	or her discharge. The receipts, proofs of payment checks, and
951	substantiating papers need not be filed with the court but shall
952	be made available for inspection and review at the such time and
953	in such place and before the such persons as the court may from
954	time to time order.
955	Section 18.  Section 744.3679, Florida Statutes, is amended
956	to read:
957	744.3679  Simplified accounting procedures in certain
958	cases.--
959	(1)  In a guardianship of property, when all assets of the
960	estate are in designated depositories under s. 69.031 and the
961	only transactions that occur in that account are interest
962	accrual, deposits from a pursuant to settlement, or financial
963	institution service charges, the guardian may elect to file an
964	accounting consisting of:
965	(a)  The original or a certified copy of the year-end
966	statement of the ward's account from the financial institution;
967	and
968	(b)  A statement by the guardian under penalty of perjury
969	that the guardian has custody and control of the ward's property
970	as shown in the year-end statement.
971	(2)  The clerk has no responsibility to monitor or audit
972	the accounts and may not accept a fee for doing so.
973	(2)(3)  The accounting allowed by subsection (1) is in lieu
974	of the accounting and auditing procedures under s. 744.3678(2)
975	ss. 744.3678 and 744.368(1)(f). However, any interested party
976	may seek judicial review as provided in s. 744.3685.
977	(3)(4)  The guardian need not be represented by an attorney
978	in order to file the annual accounting allowed by subsection
979	(1).
980	Section 19.  Subsection (3) of section 744.368, Florida
981	Statutes, is amended to read:
982	744.368  Responsibilities of the clerk of the circuit
983	court.--
984	(3)  Within 90 days after the filing of the verified
985	inventory and accountings initial or annual guardianship report
986	by a guardian of the property, the clerk shall audit the
987	verified inventory and or the accountings annual accounting. The
988	clerk shall advise the court of the results of the audit.
989	Section 20.  Subsection (19) of section 744.441, Florida
990	Statutes, is amended to read:
991	744.441  Powers of guardian upon court approval.--After
992	obtaining approval of the court pursuant to a petition for
993	authorization to act, a plenary guardian of the property, or a
994	limited guardian of the property within the powers granted by
995	the order appointing the guardian or an approved annual or
996	amended guardianship report, may:
997	(19)  Create or amend revocable or irrevocable trusts of
998	property of the ward's estate which may extend beyond the
999	disability or life of the ward in connection with estate, gift,
1000	income, or other tax planning or in connection with estate
1001	planning. The court shall retain oversight of the assets
1002	transferred to a trust, unless otherwise ordered by the court.
1003	Section 21.  Section 744.442, Florida Statutes, is created
1004	to read:
1005	744.442  Delegation of authority.--
1006	(1)  A guardian may designate a surrogate guardian to
1007	exercise the powers of the guardian if the guardian is
1008	unavailable to act. A person designated as a surrogate guardian
1009	under this section must be a professional guardian.
1010	(2)(a)  A guardian must file a petition with the court
1011	requesting permission to designate a surrogate guardian.
1012	(b)  If the court approves the designation, the order must
1013	specify the name and business address of the surrogate guardian
1014	and the duration of appointment, which may not exceed 30 days.
1015	The court may extend the appointment for good cause shown. The
1016	surrogate guardian may exercise all powers of the guardian
1017	unless limited by order of the court. The surrogate guardian
1018	must file with the court an oath swearing or affirming that he
1019	or she will faithfully perform the duties delegated. The court
1020	may require the surrogate guardian to post a bond.
1021	(3)  This section does not limit the responsibility of the
1022	guardian to the ward and to the court. The guardian is liable
1023	for the acts of the surrogate guardian. The guardian may
1024	terminate the authority of the surrogate guardian by filing a
1025	written notice of the termination with the court.
1026	(4)  The surrogate guardian is subject to the jurisdiction
1027	of the court as if appointed to serve as guardian.
1028	Section 22.  Paragraphs (c), (e), and (f) of subsection (2)
1029	and subsection (4) of section 744.464, Florida Statutes, are
1030	amended to read:
1031	744.464  Restoration to capacity.--
1032	(2)  SUGGESTION OF CAPACITY.--
1033	(c)  The court shall immediately send notice of the filing
1034	of the suggestion of capacity to the ward, the guardian, the
1035	attorney for the ward, if any, the state attorney, and any other
1036	interested persons designated by the court. Formal notice must
1037	be served on the guardian. Informal notice may be served on
1038	other persons. Notice need not be served on the person who filed
1039	the suggestion of capacity.
1040	(e)  If an objection is timely filed, or if the medical
1041	examination suggests that full restoration is not appropriate,
1042	the court shall set the matter for hearing. If the ward does not
1043	have an attorney, the court shall appoint one to represent the
1044	ward.
1045	(f)  Notice of the hearing and copies of the objections and
1046	medical examination reports shall be served upon the ward, the
1047	ward's attorney, the guardian, the state attorney, the ward's
1048	next of kin, and any other interested persons as directed by the
1049	court.
1050	(4)  TIME LIMITATION FOR FILING SUGGESTION OF
1051	CAPACITY.--Notwithstanding this section, a suggestion of
1052	capacity may not be filed within 90 days after an adjudication
1053	of incapacity or denial of restoration, unless good cause is
1054	shown.
1055	Section 23.  Paragraph (a) of subsection (19) of section
1056	744.474, Florida Statutes, is amended, and paragraph (b) of that
1057	subsection is redesignated as subsection (20) of that section
1058	and amended, to read:
1059	744.474  Reasons for removal of guardian.--A guardian may
1060	be removed for any of the following reasons, and the removal
1061	shall be in addition to any other penalties prescribed by law:
1062	(19)  Upon a showing by a person who did not receive notice
1063	of the petition for adjudication of incapacity, when such notice
1064	is required, or who is related to the ward within the
1065	relationships specified for nonresident relatives in ss.
1066	744.309(2) and 744.312(2) and who has not previously been
1067	rejected by the court as a guardian that:
1068	(a)  the current guardian is not a family member; and
1069	subsection (20) applies.
1070	(20)(b)  Upon a showing that removal of the current
1071	guardian is in the best interest of the ward, the court may
1072	remove the current guardian and appoint the petitioner, or such
1073	person as the court deems in the best interest of the ward,
1074	either as guardian of the person or of the property, or both.
1075	Section 24.  Section 744.511, Florida Statutes, is amended
1076	to read:
1077	744.511  Accounting upon removal.--A removed guardian shall
1078	file with the court a true, complete, and final report of his or
1079	her guardianship within 20 days after removal and shall serve a
1080	copy on the successor guardian and the ward, unless the ward is
1081	a minor under 14 years of age or has been determined to be
1082	totally incapacitated.
1083	Section 25.  Section 744.527, Florida Statutes, is amended
1084	to read:
1085	744.527  Final reports and application for discharge;
1086	hearing.--
1087	(1)  When the court terminates the guardianship for any of
1088	the reasons set forth in s. 744.521, the guardian shall promptly
1089	file his or her final report. If the ward has died, the guardian
1090	must file a final report with the court no later than 45 days
1091	after he or she has been served with letters of administration
1092	or letters of curatorship. If no objections are filed and if it
1093	appears that the guardian has made full and complete
1094	distribution to the person entitled and has otherwise faithfully
1095	discharged his or her duties, the court shall approve the final
1096	report. If objections are filed, the court shall conduct a
1097	hearing in the same manner as provided for a hearing on
1098	objections to annual guardianship reports.
1099	(2)  The guardian applying for discharge may is authorized
1100	to retain from the funds in his or her possession a sufficient
1101	amount to pay the final costs of administration, including
1102	guardian and attorney's fees regardless of the death of the
1103	ward, accruing between the filing of his or her final returns
1104	and the order of discharge.
1105	Section 26.  Subsection (3) of section 744.528, Florida
1106	Statutes, is amended to read:
1107	744.528  Discharge of guardian named as personal
1108	representative.--
1109	(3)  Any interested person may file a notice of The court
1110	shall set a hearing on any objections filed by the
1111	beneficiaries. Notice of the hearing must shall be served upon
1112	the guardian, beneficiaries of the ward's estate, and any other
1113	person to whom the court directs service. If a notice of hearing
1114	on the objections is not served within 90 days after filing of
1115	the objections, the objections are deemed abandoned.
1116	Section 27.  Subsection (6) of section 744.708, Florida
1117	Statutes, is amended to read:
1118	744.708  Reports and standards.--
1119	(6)  A The public guardian shall ensure that each of the
1120	guardian's wards is personally visited ward is seen by the
1121	public guardian or by one of the guardian's a professional staff
1122	person at least once each calendar quarter four times a year.
1123	During this personal visit, the public guardian or the
1124	professional staff person shall assess:
1125	(a)  The ward's physical appearance and condition.
1126	(b)  The appropriateness of the ward's current living
1127	situation.
1128	(c)  The need for any additional services and the necessity
1129	for continuation of existing services, taking into consideration
1130	all aspects of social, psychological, educational, direct
1131	service, health, and personal care needs.
1132	Section 28.  Paragraph (a) of subsection (5) of section
1133	765.101, Florida Statutes, is amended to read:
1134	765.101  Definitions.--As used in this chapter:
1135	(5)  "Health care decision" means:
1136	(a)  Informed consent, refusal of consent, or withdrawal of
1137	consent to any and all health care, including life-prolonging
1138	procedures and mental health treatment, unless otherwise stated
1139	in the advance directives.
1140	Section 29.  Section 28.345, Florida Statutes, is amended
1141	to read:
1142	28.345  Exemption from court-related fees and
1143	charges.--Notwithstanding any other provision of this chapter or
1144	law to the contrary, judges and those court staff acting on
1145	behalf of judges, state attorneys, guardians ad litem, public
1146	guardians, attorneys ad litem, court-appointed private counsel,
1147	and public defenders, acting in their official capacity, and
1148	state agencies, are exempt from all court-related fees and
1149	charges assessed by the clerks of the circuit courts.
1150	Section 30.  Paragraph (c) of subsection (8) of section
1151	121.091, Florida Statutes, is amended to read:
1152	121.091  Benefits payable under the system.--Benefits may
1153	not be paid under this section unless the member has terminated
1154	employment as provided in s. 121.021(39)(a) or begun
1155	participation in the Deferred Retirement Option Program as
1156	provided in subsection (13), and a proper application has been
1157	filed in the manner prescribed by the department. The department
1158	may cancel an application for retirement benefits when the
1159	member or beneficiary fails to timely provide the information
1160	and documents required by this chapter and the department's
1161	rules. The department shall adopt rules establishing procedures
1162	for application for retirement benefits and for the cancellation
1163	of such application when the required information or documents
1164	are not received.
1165	(8)  DESIGNATION OF BENEFICIARIES.--
1166	(c)  Notwithstanding the member's designation of benefits
1167	to be paid through a trust to a beneficiary that is a natural
1168	person as provided in s. 121.021(46), and notwithstanding the
1169	provisions of the trust, benefits shall be paid directly to the
1170	beneficiary if the such person is no longer a minor or an
1171	incapacitated person as defined in s. 744.102(11) and (12).
1172	Section 31.  Paragraph (c) of subsection (20) of section
1173	121.4501, Florida Statutes, is amended to read:
1174	121.4501  Public Employee Optional Retirement Program.--
1175	(20)  DESIGNATION OF BENEFICIARIES.--
1176	(c)  Notwithstanding the participant's designation of
1177	benefits to be paid through a trust to a beneficiary that is a
1178	natural person, and notwithstanding the provisions of the trust,
1179	benefits shall be paid directly to the beneficiary if the such
1180	person is no longer a minor or an incapacitated person as
1181	defined in s. 744.102(11) and (12).
1182	Section 32.  Subsection (1) and paragraphs (b), (d), and
1183	(f) of subsection (4) of section 709.08, Florida Statutes, are
1184	amended to read:
1185	709.08  Durable power of attorney.--
1186	(1)  CREATION OF DURABLE POWER OF ATTORNEY.--A durable
1187	power of attorney is a written power of attorney by which a
1188	principal designates another as the principal's attorney in
1189	fact. The durable power of attorney must be in writing, must be
1190	executed with the same formalities required for the conveyance
1191	of real property by Florida law, and must contain the words:
1192	"This durable power of attorney is not affected by subsequent
1193	incapacity of the principal except as provided in s. 709.08,
1194	Florida Statutes"; or similar words that show the principal's
1195	intent that the authority conferred is exercisable
1196	notwithstanding the principal's subsequent incapacity, except as
1197	otherwise provided by this section. The durable power of
1198	attorney is exercisable as of the date of execution; however, if
1199	the durable power of attorney is conditioned upon the
1200	principal's lack of capacity to manage property as defined in s.
1201	744.102(12)(11)(a), the durable power of attorney is exercisable
1202	upon the delivery of affidavits in paragraphs (4)(c) and (d) to
1203	the third party.
1204	(4)  PROTECTION WITHOUT NOTICE; GOOD FAITH ACTS;
1205	AFFIDAVITS.--
1206	(b)  Any third party may rely upon the authority granted in
1207	a durable power of attorney that is conditioned on the
1208	principal's lack of capacity to manage property as defined in s.
1209	744.102(12)(11)(a) only after receiving the affidavits provided
1210	in paragraphs (c) and (d), and such reliance shall end when the
1211	third party has received notice as provided in subsection (5).
1212	(d)  A determination that a principal lacks the capacity to
1213	manage property as defined in s. 744.102(12)(11)(a) must be made
1214	and evidenced by the affidavit of a physician licensed to
1215	practice medicine pursuant to chapters 458 and 459 as of the
1216	date of the affidavit. A judicial determination that the
1217	principal lacks the capacity to manage property pursuant to
1218	chapter 744 is not required prior to the determination by the
1219	physician and the execution of the affidavit. For purposes of
1220	this section, the physician executing the affidavit must be the
1221	primary physician who has responsibility for the treatment and
1222	care of the principal. The affidavit executed by a physician
1223	must state where the physician is licensed to practice medicine,
1224	that the physician is the primary physician who has
1225	responsibility for the treatment and care of the principal, and
1226	that the physician believes that the principal lacks the
1227	capacity to manage property as defined in s. 744.102(12)(11)(a).
1228	The affidavit may, but need not, be in the following form:
1229
1230	STATE OF_______________
1231	COUNTY OF_______________
1232
1233	Before me, the undersigned authority, personally appeared
1234	(name of physician)  , Affiant, who swore or affirmed that:
1235	1.  Affiant is a physician licensed to practice medicine in
1236	(name of state, territory, or foreign country)  .
1237	2.  Affiant is the primary physician who has responsibility
1238	for the treatment and care of   (principal's name)  .
1239	3.  To the best of Affiant's knowledge after reasonable
1240	inquiry, Affiant believes that the principal lacks the capacity
1241	to manage property, including taking those actions necessary to
1242	obtain, administer, and dispose of real and personal property,
1243	intangible property, business property, benefits, and income.
1244
1245
1246	____________________
1247	(Affiant)
1248
1249	Sworn to (or affirmed) and subscribed before me this   (day
1250	of)     (month)  ,   (year)  , by   (name of person making
1251	statement)
1252
1253	(Signature of Notary Public-State of Florida)
1254
1255	(Print, Type, or Stamp Commissioned Name of Notary Public)
1256
1257	Personally Known OR Produced Identification
1258	(Type of Identification Produced)
1259	(f)  A third party may not rely on the authority granted in
1260	a durable power of attorney conditioned on the principal's lack
1261	of capacity to manage property as defined in s.
1262	744.102(12)(11)(a) when any affidavit presented has been
1263	executed more than 6 months prior to the first presentation of
1264	the durable power of attorney to the third party.
1265	Section 33.  Subsection (3) of section 744.1085, Florida
1266	Statutes, is amended to read:
1267	744.1085  Regulation of professional guardians;
1268	application; bond required; educational requirements.--
1269	(3)  Each professional guardian defined in s.
1270	744.102(17)(16) and public guardian must receive a minimum of 40
1271	hours of instruction and training. Each professional guardian
1272	must receive a minimum of 16 hours of continuing education every
1273	2 calendar years after the year in which the initial 40-hour
1274	educational requirement is met. The instruction and education
1275	must be completed through a course approved or offered by the
1276	Statewide Public Guardianship Office. The expenses incurred to
1277	satisfy the educational requirements prescribed in this section
1278	may not be paid with the assets of any ward. This subsection
1279	does not apply to any attorney who is licensed to practice law
1280	in this state.
1281	Section 34.  For the purpose of incorporating the amendment
1282	made by this act to section 744.3215, Florida Statutes, in a
1283	reference thereto, subsection (4) of section 117.107, Florida
1284	Statutes, is reenacted to read:
1285	117.107  Prohibited acts.--
1286	(4)  A notary public may not take the acknowledgment of or
1287	administer an oath to a person whom the notary public actually
1288	knows to have been adjudicated mentally incapacitated by a court
1289	of competent jurisdiction, where the acknowledgment or oath
1290	necessitates the exercise of a right that has been removed
1291	pursuant to s. 744.3215(2) or (3), and where the person has not
1292	been restored to capacity as a matter of record.
1293	Section 35.  Subsection (13) of section 318.18, Florida
1294	Statutes, is amended to read:
1295	318.18  Amount of civil penalties.--The penalties required
1296	for a noncriminal disposition pursuant to s. 318.14 are as
1297	follows:
1298	(13)  In addition to any penalties imposed for noncriminal
1299	traffic infractions under pursuant to this chapter or imposed
1300	for criminal violations listed in s. 318.17, notwithstanding s.
1301	318.121, a board of county commissioners or any unit of local
1302	government which is consolidated as provided by s. 9, Art. VIII
1303	of the State Constitution of 1885, as preserved by s. 6(e), Art.
1304	VIII of the Constitution of 1968:
1305	(a)  May impose by ordinance a surcharge of up to $15 for
1306	any infraction or violation to fund state court facilities. The
1307	court may shall not waive this surcharge. Up to 25 percent of
1308	the revenue from such surcharge may be used to support local law
1309	libraries provided that the county or unit of local government
1310	provides a level of service equal to that provided prior to July
1311	1, 2004, which shall include the continuation of library
1312	facilities located in or near the county courthouse or annexes.
1313	(b)  That imposed increased fees or service charges by
1314	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
1315	purpose of securing payment of the principal and interest on
1316	bonds issued by the county before July 1, 2003, to finance state
1317	court facilities, may impose by ordinance a surcharge for any
1318	infraction or violation for the exclusive purpose of securing
1319	payment of the principal and interest on bonds issued by the
1320	county before July 1, 2003, to fund state court facilities until
1321	the date of stated maturity. The court may shall not waive this
1322	surcharge. The Such surcharge may not exceed an amount per
1323	violation calculated as the quotient of the maximum annual
1324	payment of the principal and interest on the bonds as of July 1,
1325	2003, divided by the number of traffic citations for county
1326	fiscal year 2002-2003 certified as paid by the clerk of the
1327	court of the county. The Such quotient shall be rounded up to
1328	the next highest dollar amount. The bonds may be refunded only
1329	if savings will be realized on payments of debt service and the
1330	refunding bonds are scheduled to mature on the same date or
1331	before the bonds being refunded.
1332	(c)  May impose an additional $15 surcharge to fund the
1333	county's participation in the public guardianship program under
1334	chapter 744. Imposition of this surcharge must be by vote of
1335	two-thirds of the board of county commissioners or after a
1336	referendum approved by the electors of the county. Before
1337	imposing the surcharge, the county commission must demonstrate
1338	that available revenue sources are insufficient to fund such
1339	participation. The court may not waive this surcharge.
1340
1341	A county may not impose both of the surcharges authorized under
1342	both paragraphs (a) and (b) concurrently. The clerk of court
1343	shall report, no later than 30 days after the end of the
1344	quarter, the amount of funds collected under this subsection
1345	during each quarter of the fiscal year. The clerk shall submit
1346	the report, in a format developed by the Office of State Courts
1347	Administrator, to the chief judge of the circuit, the Governor,
1348	the President of the Senate, and the Speaker of the House of
1349	Representatives.
1350	Section 36.  Section 938.065, Florida Statutes, is created
1351	to read:
1352	938.065  Additional cost for public guardianship
1353	programs.--
1354	(1)  In addition to any fine prescribed by law for any
1355	misdemeanor offense, there is assessed as a court cost an
1356	additional surcharge of $18 on each fine, which shall be imposed
1357	by each county and circuit court and collected by the clerk of
1358	the court together with the fine.
1359	(2)  The clerk of the court shall collect and forward, on a
1360	monthly basis, all costs assessed under this section, less $3
1361	per assessment as a service charge to be retained by the clerk,
1362	to the Department of Revenue for deposit into the General
1363	Revenue Fund. The funds collected shall be used exclusively to
1364	fund public guardianship programs in this state.
1365	Section 37.  This act shall take effect July 1, 2006.

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