HB 0457

CS

CHAMBER ACTION

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

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