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.; revising provisions relating
5	to identification information provided by professional
6	guardians for registration; providing that the Statewide
7	Public Guardianship Office need not review credit and
8	criminal investigations from a state college or university
9	before registering the institution as a professional
10	guardian; amending s. 744.301, F.S.; providing that in the
11	event of death, the surviving parent is the sole natural
12	guardian of a minor; prohibiting a natural guardian from
13	using the property of the ward for the guardian's benefit
14	without a court order; creating s. 744.3025, F.S.;
15	authorizing a court to appoint a guardian ad litem to
16	represent a minor's interest in certain claims that exceed
17	a specified amount; requiring a court to appoint a
18	guardian ad litem to represent a minor's interest in
19	certain claims that exceed a specified amount; providing
20	that a court need not appoint a guardian ad litem under
21	certain circumstances; requiring a court to award
22	reasonable fees and costs to the guardian ad litem;
23	amending s. 744.3031, F.S.; increasing the time an
24	emergency temporary guardian may serve; increasing the
25	time of an extension; requiring an emergency temporary
26	guardian to file a final report; providing for the
27	contents of the final report; amending s. 744.304, F.S.;
28	specifying the persons who may file a petition for a
29	standby guardian; requiring that notice of the appointment
30	hearing be served on the ward's next of kin; clarifying
31	when a standby guardian may assume the duties of guardian;
32	requiring that each standby guardian submit to credit and
33	criminal history record checks; amending s. 744.3115,
34	F.S.; defining the term "health care decision"; amending
35	s. 744.3135, F.S.; providing procedures for completing a
36	guardian's criminal history record check; authorizing a
37	guardian to use electronic fingerprinting equipment that
38	is available for criminal history record checks of public
39	employees; providing that a guardian need not be
40	rescreened if he or she uses certain electronic
41	fingerprinting equipment; providing for fees; requiring
42	the Statewide Public Guardianship Office to request that
43	the Department of Law Enforcement forward certain
44	fingerprints to the Federal Bureau of Investigation;
45	requiring the Statewide Public Guardianship Office to
46	adopt a rule for credit investigations of guardians;
47	amending s. 744.3145, F.S.; reducing the time in which a
48	guardian must complete the education courses; amending s.
49	744.3215, F.S.; providing that an incapacitated person
50	retains the right to receive services and rehabilitation
51	necessary to maximize the quality of the person's life;
52	revising provisions relating to rights that may be removed
53	from a person determined incapacitated; amending s.
54	744.331, F.S.; requiring that the court appoint an
55	attorney for an alleged incapacitated person from a
56	specified registry; requiring attorneys to complete
57	certain training programs; providing that a member of the
58	examining committee may not be related to or associated
59	with certain persons; prohibiting a person who served on
60	an examining committee from being appointed as the
61	guardian; requiring each member of an examining committee
62	to file an affidavit stating that he or she has completed
63	or will timely complete the mandatory training; providing
64	for training programs; requiring each member to file a
65	report regarding his or her examination of an alleged
66	incapacitated person; providing for dismissal of a
67	petition alleging incapacity based on the reports of the
68	majority of the committee members; providing for an award
69	of attorney's fees; amending s. 744.341, F.S.; requiring
70	the voluntary guardian to include certain information in
71	the annual report; amending s. 744.361, F.S.; requiring a
72	professional guardian to ensure that each of his or her
73	wards is personally visited at least quarterly; providing
74	for the assessment of certain conditions during the
75	personal visit; providing an exemption; amending s.
76	744.365, F.S.; requiring that the verified inventory
77	include information on any trust to which a ward is a
78	beneficiary; amending s. 744.367, F.S.; requiring that the
79	annual report of the guardian filing on a calendar-year
80	basis be filed on or before a specified date; exempting
81	all minor wards from service of the annual report;
82	amending s. 744.3675, F.S.; requiring that the annual
83	guardianship plan include information on the mental
84	condition of the ward; providing for an annual
85	guardianship plan for wards who are minors; amending s.
86	744.3678, F.S.; providing that property of the ward which
87	is not under the control of the guardian, including
88	certain trusts, is not subject to annual accounting;
89	requiring certain documentation for the annual accounting;
90	amending s. 744.3679, F.S.; removing a provision
91	prohibiting the clerk of the court from having
92	responsibility for monitoring or auditing accounts in
93	certain cases; amending s. 744.368, F.S.; requiring that
94	the verified inventory and the accountings be audited
95	within a specified time period; amending s. 744.441, F.S.;
96	requiring the court to retain oversight for assets of a
97	ward transferred to a trust; creating s. 744.442, F.S.;
98	providing that a guardian may designate a surrogate
99	guardian to exercise the powers of the guardian if the
100	guardian is unavailable to act; requiring the surrogate
101	guardian to be a professional guardian; providing the
102	procedures to be used in appointing a surrogate guardian;
103	providing the duties of a surrogate guardian; requiring
104	the guardian to be liable for the acts of the surrogate
105	guardian; authorizing the guardian to terminate the
106	services of the surrogate guardian by filing a written
107	notice of the termination with the court; amending s.
108	744.464, F.S.; removing the state attorney from the list
109	of persons to be served a notice of a hearing on
110	restoration of capacity; removing a time limitation on the
111	filing of a suggestion of capacity; amending s. 744.474,
112	F.S.; revising provisions relating to removal of a
113	guardian who is not a family member; revising provisions
114	relating to removal of a guardian upon a showing that
115	removal of the current guardian is in the best interest of
116	the ward; amending s. 744.511, F.S.; providing that a ward
117	who is a minor need not be served with the final report of
118	a removed guardian; amending s. 744.527, F.S.; providing
119	that final reports for a deceased ward be filed at a
120	specified time; amending s. 744.528, F.S.; providing for a
121	notice of the hearing for objections to a report filed by
122	a guardian; amending s. 744.708, F.S.; revising provisions
123	relating to audits and investigations of each office of
124	public guardian; requiring a public guardian to ensure
125	that each of his or her wards is personally visited at
126	least quarterly; providing for the assessment of certain
127	conditions during the personal visit; providing for
128	additional distribution of a specified annual report;
129	deleting a definition; amending s. 765.101, F.S.;
130	redefining the term "health care decision" to include
131	informed consent for mental health treatment services;
132	amending s. 28.345, F.S.; revising provisions relating to
133	exemptions from paying court-related fees and charges;
134	amending ss. 121.091, 121.4501, 709.08, and 744.1085,
135	F.S.; conforming cross-references; reenacting s.
136	117.107(4), F.S., relating to prohibited acts of a notary
137	public, to incorporate the amendment made to s. 744.3215,
138	F.S., in a reference thereto; providing an effective date.
139
140	Be It Enacted by the Legislature of the State of Florida:
141
142	Section 1.  Section 744.102, Florida Statutes, is amended
143	to read:
144	744.102  Definitions.--As used in this chapter, the term:
145	(1)  "Attorney for the alleged incapacitated person" means
146	an attorney who represents the alleged incapacitated person. The
147	Such attorney shall represent the expressed wishes of the
148	alleged incapacitated person to the extent it is consistent with
149	the rules regulating The Florida Bar.
150	(2)  "Audit" means a systematic review of financial and all
151	other documents to ensure compliance with s. 744.368, rules of
152	court, and local procedures using generally accepted auditing
153	and accounting procedures.
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)  If an emergency temporary guardian is a guardian for
400	the property, the final report must consist of a verified
401	inventory of the property, as provided in s. 744.365, as of the
402	date the letters of emergency temporary guardianship were
403	issued, a final accounting that gives a full and correct account
404	of the receipts and disbursements of all the property of the
405	ward over which the guardian had control, and a statement of the
406	property of the ward on hand at the end of the emergency
407	temporary guardianship. If the emergency temporary guardian
408	becomes the successor guardian of the property, the final report
409	must satisfy the requirements of the initial guardianship report
410	for the guardian 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	a criminal history record check as set forth in s. 744.3135, if
466	required. Letters of guardianship must then be issued in the
467	manner 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 history
510	record check by any method described in this subsection. A
511	guardian satisfies the requirements of this section by
512	undergoing:
513	(a)  An electronic fingerprint criminal history record
514	check. A guardian may use any electronic fingerprinting
515	equipment used for criminal history record checks of public
516	employees. The guardian shall pay the actual costs incurred by
517	the Federal Bureau of Investigation and the Department of Law
518	Enforcement for the criminal history record check. The agency
519	that operates the equipment used by the guardian may charge the
520	guardian an additional fee, not to exceed $10, for the use of
521	the equipment. The agency completing the record check must
522	immediately send the results of the criminal history record
523	check to the clerk of the court and the Statewide Public
524	Guardianship Office. The clerk of the court shall maintain the
525	results in the guardian's file and shall make the results
526	available to the court; or
527	(b)  A criminal history record check using a fingerprint
528	card. The clerk of the court shall obtain fingerprint cards from
529	the Federal Bureau of Investigation and make them available to
530	guardians. Any guardian who is so required shall have his or her
531	fingerprints taken and forward the proper fingerprint card along
532	with the necessary fee to the Florida Department of Law
533	Enforcement for processing. The professional guardian shall pay
534	to the clerk of the court a fee of up to $7.50 for handling and
535	processing professional guardian files. The results of the
536	fingerprint card criminal history record checks shall be
537	forwarded to the clerk of the court who shall maintain the
538	results in the guardian's a guardian file and shall make the
539	results available to the court and the Statewide Public
540	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	history record check if he or she has been screened using
553	electronic fingerprinting equipment that is capable of notifying
554	the clerk of the court of any crime charged against the person
555	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 to the clerk of court. The clerk of court must forward
572	any arrest record received for a professional guardian to the
573	Statewide Public Guardianship Office within 5 days. Each
574	guardian who elects to submit fingerprint information
575	electronically shall participate in this search process by
576	paying an annual fee to the Statewide Public Guardianship Office
577	of the Department of Elderly Affairs and by informing the clerk
578	of court and the Statewide Public Guardianship Office of any
579	change in the status of his or her guardianship appointment. The
580	amount of the annual fee to be imposed for performing these
581	searches and the procedures for the retention of guardian
582	fingerprints and the dissemination of search results shall be
583	established by rule of the Department of Law Enforcement. At
584	least once every 5 years, the Statewide Public Guardianship
585	Office must request that the Department of Law Enforcement
586	forward the fingerprints maintained under this section to the
587	Federal Bureau of Investigation.
588	(4)(a)  A professional guardian, and each employee of a
589	professional guardian who has a fiduciary responsibility to a
590	ward, must complete, at his or her own expense, an investigation
591	of his or her credit history before and at least once every 2
592	years after the date of the guardian's appointment.
593	(b)  The Statewide Public Guardianship Office shall adopt a
594	rule detailing the acceptable methods for completing a credit
595	investigation under this section. If appropriate, the Statewide
596	Public Guardianship Office may administer credit investigations.
597	If the office chooses to administer the credit investigation,
598	the office may adopt a rule setting a fee, not to exceed $25, to
599	reimburse the costs associated with the administration of a
600	credit investigation.
601	(5)  The Statewide Public Guardianship Office may inspect
602	at any time the results of any credit or criminal investigation
603	of a public or professional guardian conducted under this
604	section. The office shall maintain copies of the credit or
605	criminal results in the guardian's registration file. If the
606	results of a credit or criminal investigation of a public or
607	professional guardian have not been forwarded to the Statewide
608	Public Guardianship Office by the investigating agency, the
609	clerk of the court shall forward copies of the results of the
610	investigations to the office upon receiving them. If credit or
611	criminal investigations are required, the court must consider
612	the results of the investigations before appointing a guardian.
613	Professional guardians and all employees of a professional
614	guardian who have a fiduciary responsibility to a ward, so
615	appointed, must resubmit, at their own expense, to an
616	investigation of credit history, and undergo level 1 background
617	screening as required under s. 435.03, at least every 2 years
618	after the date of their appointment. At any time, the court may
619	require guardians or their employees to submit to an
620	investigation of credit history and undergo level 1 background
621	screening as required under s. 435.03. The court must consider
622	the results of these investigations in reappointing a guardian.
623	(1)  Upon receiving the results of a credit or criminal
624	investigation of any public or professional guardian, the clerk
625	of the court shall forward copies of the results to the
626	Statewide Public Guardianship Office in order that the results
627	may be maintained in the guardian's registration file.
628	(6)(2)  The requirements of this section do does not apply
629	to a professional guardian, or to the employees of a
630	professional guardian, that which is a trust company, a state
631	banking corporation or state savings association authorized and
632	qualified to exercise fiduciary powers in this state, or a
633	national banking association or federal savings and loan
634	association authorized and qualified to exercise fiduciary
635	powers in this state.
636	Section 9.  Subsection (4) of section 744.3145, Florida
637	Statutes, is amended to read:
638	744.3145  Guardian education requirements.--
639	(4)  Each person appointed by the court to be a guardian
640	must complete the required number of hours of instruction and
641	education within 4 months 1 year after his or her appointment as
642	guardian. The instruction and education must be completed
643	through a course approved by the chief judge of the circuit
644	court and taught by a court-approved organization. Court-
645	approved organizations may include, but are not limited to,
646	community or junior colleges, guardianship organizations, and
647	the local bar association or The Florida Bar.
648	Section 10.  Paragraph (i) of subsection (1) and subsection
649	(2) of section 744.3215, Florida Statutes, are amended to read:
650	744.3215  Rights of persons determined incapacitated.--
651	(1)  A person who has been determined to be incapacitated
652	retains the right:
653	(i)  To receive necessary services and rehabilitation
654	necessary to maximize the quality of life.
655	(2)  Rights that may be removed from a person by an order
656	determining incapacity but not delegated to a guardian include
657	the right:
658	(a)  To marry. If the right to enter into a contract has
659	been removed, the right to marry is subject to court approval.
660	(b)  To vote.
661	(c)  To personally apply for government benefits.
662	(d)  To have a driver's license.
663	(e)  To travel.
664	(f)  To seek or retain employment.
665	Section 11.  Subsections (2), (3), and (4), paragraph (a)
666	of subsection (5), and subsection (7) of section 744.331,
667	Florida Statutes, are amended to read:
668	744.331  Procedures to determine incapacity.--
669	(2)  ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.--
670	(a)  When a court appoints an attorney for an alleged
671	incapacitated person, the court must appoint an attorney who is
672	included in the attorney registry compiled pursuant to ss. 27.40
673	and 27.42 by the circuit's Article V indigent services
674	committee. Appointments must be made on a rotating basis, taking
675	into consideration conflicts arising under this chapter.
676	(b)(a)  The court shall appoint an attorney for each person
677	alleged to be incapacitated in all cases involving a petition
678	for adjudication of incapacity. The alleged incapacitated person
679	may substitute her or his own attorney for the attorney
680	appointed by the court.
681	(c)(b)  Any attorney representing an alleged incapacitated
682	person may not serve as guardian of the alleged incapacitated
683	person or as counsel for the guardian of the alleged
684	incapacitated person or the petitioner.
685	(d)  Effective January 1, 2007, an attorney seeking to be
686	appointed by a court for incapacity and guardianship proceedings
687	must have completed a minimum of 8 hours of education in
688	guardianship. A court may waive the initial training requirement
689	for an attorney who has served as a court-appointed attorney in
690	incapacity proceedings or as an attorney of record for guardians
691	for not less than 3 years.
692	(3)  EXAMINING COMMITTEE.--
693	(a)  Within 5 days after a petition for determination of
694	incapacity has been filed, the court shall appoint an examining
695	committee consisting of three members. One member must be a
696	psychiatrist or other physician. The remaining members must be
697	either a psychologist, gerontologist, another psychiatrist, or
698	other physician, a registered nurse, nurse practitioner,
699	licensed social worker, a person with an advanced degree in
700	gerontology from an accredited institution of higher education,
701	or other person who by knowledge, skill, experience, training,
702	or education may, in the court's discretion, advise the court in
703	the form of an expert opinion. One of three members of the
704	committee must have knowledge of the type of incapacity alleged
705	in the petition. Unless good cause is shown, the attending or
706	family physician may not be appointed to the committee. If the
707	attending or family physician is available for consultation, the
708	committee must consult with the physician. Members of the
709	examining committee may not be related to or associated with one
710	another, or with the petitioner, with counsel for the petitioner
711	or the proposed guardian, or with the person alleged to be
712	totally or partially incapacitated. A member may not be employed
713	by any private or governmental agency that has custody of, or
714	furnishes, services or subsidies, directly or indirectly, to the
715	person or the family of the person alleged to be incapacitated
716	or for whom a guardianship is sought. A petitioner may not serve
717	as a member of the examining committee. Members of the examining
718	committee must be able to communicate, either directly or
719	through an interpreter, in the language that the alleged
720	incapacitated person speaks or to communicate in a medium
721	understandable to the alleged incapacitated person if she or he
722	is able to communicate. The clerk of the court shall send notice
723	of the appointment to each person appointed no later than 3 days
724	after the court's appointment.
725	(b)  A person who has been appointed to serve as a member
726	of an examining committee to examine an alleged incapacitated
727	person may not thereafter be appointed as a guardian for the
728	person who was the subject of the examination.
729	(c)  Each person appointed to an examining committee must
730	file an affidavit with the court stating that he or she has
731	completed the required courses or will do so no later than 4
732	months after his or her initial appointment. Each year, the
733	chief judge of the circuit must prepare a list of persons
734	qualified to be members of an examining committee.
735	(d)  A member of an examining committee must complete a
736	minimum of 4 hours of initial training. The person must complete
737	2 hours of continuing education during each 2-year period after
738	the initial training. The initial training and continuing
739	education program must be developed under the supervision of the
740	Statewide Public Guardianship Office, in consultation with the
741	Florida Conference of Circuit Court Judges; the Elder Law and
742	the Real Property, Probate and Trust Law sections of The Florida
743	Bar; the Florida State Guardianship Association; and the Florida
744	Guardianship Foundation. The court may waive the initial
745	training requirement for a person who has served for not less
746	than 5 years on examining committees. If a person wishes to
747	obtain his or her continuing education on the Internet or by
748	watching a video course, the person must first obtain the
749	approval of the chief judge before taking an Internet or video
750	course.
751	(e)(b)  Each member of the examining committee shall
752	examine the person. Each The examining committee member must
753	shall determine the alleged incapacitated person's ability to
754	exercise those rights specified in s. 744.3215. In addition to
755	the examination, each the examining committee member must shall
756	have access to, and may consider, previous examinations of the
757	person, including, but not limited to, habilitation plans,
758	school records, and psychological and psychosocial reports
759	voluntarily offered for use by the alleged incapacitated person.
760	Each member of the examining committee must shall submit a
761	report within 15 days after appointment.
762	(f)(c)  The examination of the alleged incapacitated person
763	must include a comprehensive examination, a report of which
764	shall be filed by each the examining committee member as part of
765	his or her its written report. The comprehensive examination
766	report should be an essential element, but not necessarily the
767	only element, used in making a capacity and guardianship
768	decision. The comprehensive examination must include, if
769	indicated:
770	1.  A physical examination;
771	2.  A mental health examination; and
772	3.  A functional assessment.
773
774	If any of these three aspects of the examination is not
775	indicated or cannot be accomplished for any reason, the written
776	report must explain the reasons for its omission.
777	(g)(d)  Each committee member's The committee's written
778	report must include:
779	1.  To the extent possible, a diagnosis, prognosis, and
780	recommended course of treatment.
781	2.  An evaluation of the alleged incapacitated person's
782	ability to retain her or his rights, including, without
783	limitation, the rights to marry; vote; contract; manage or
784	dispose of property; have a driver's license; determine her or
785	his residence; consent to medical treatment; and make decisions
786	affecting her or his social environment.
787	3.  The results of the comprehensive examination and the
788	committee member's members' assessment of information provided
789	by the attending or family physician, if any.
790	4.  A description of any matters with respect to which the
791	person lacks the capacity to exercise rights, the extent of that
792	incapacity, and the factual basis for the determination that the
793	person lacks that capacity.
794	5.  The names of all persons present during the time the
795	committee member conducted his or her examination. If a person
796	other than the person who is the subject of the examination
797	supplies answers posed to the alleged incapacitated person, the
798	report must include the response and the name of the person
799	supplying the answer.
800	6.5.  The signature of each member of the committee member
801	and the date and time the member conducted his or her
802	examination.
803	(h)(e)  A copy of each committee member's the report must
804	be served on the petitioner and on the attorney for the alleged
805	incapacitated person within 3 days after the report is filed and
806	at least 5 days before the hearing on the petition.
807	(4)  DISMISSAL OF PETITION.--If a majority of the examining
808	committee members conclude concludes that the alleged
809	incapacitated person is not incapacitated in any respect, the
810	court shall dismiss the petition.
811	(5)  ADJUDICATORY HEARING.--
812	(a)  Upon appointment of the examining committee, the court
813	shall set the date upon which the petition will be heard. The
814	date for the adjudicatory hearing must be set no more than 14
815	days after the filing of the reports report of the examining
816	committee members, unless good cause is shown. The adjudicatory
817	hearing must be conducted at the time and place specified in the
818	notice of hearing and in a manner consistent with due process.
819	(7)  FEES.--
820	(a)  The examining committee and any attorney appointed
821	under subsection (2) are entitled to reasonable fees to be
822	determined by the court.
823	(b)  The fees awarded under paragraph (a) shall be paid by
824	the guardian from the property of the ward or, if the ward is
825	indigent, by the state. The state shall have a creditor's claim
826	against the guardianship property for any amounts paid under
827	this section. The state may file its claim within 90 days after
828	the entry of an order awarding attorney ad litem fees. If the
829	state does not file its claim within the 90-day period, the
830	state is thereafter barred from asserting the claim. Upon
831	petition by the state for payment of the claim, the court shall
832	enter an order authorizing immediate payment out of the property
833	of the ward. The state shall keep a record of the such payments.
834	(c)  If the petition is dismissed, costs and attorney's
835	fees of the proceeding may be assessed against the petitioner if
836	the court finds the petition to have been filed in bad faith.
837	Section 12.  Subsection (4) of section 744.341, Florida
838	Statutes, is renumbered as subsection (5) and a new subsection
839	(4) is added to that section to read:
840	744.341  Voluntary guardianship.--
841	(4)  A guardian must include in the annual report filed
842	with the court a certificate from a licensed physician who
843	examined the ward not more than 90 days before the annual report
844	is filed with the court. The certificate must certify that the
845	ward is competent to understand the nature of the guardianship
846	and of the ward's authority to delegate powers to the voluntary
847	guardian.
848	Section 13.  Subsection (9) is added to section 744.361,
849	Florida Statutes, to read:
850	744.361  Powers and duties of guardian.--
851	(9)  A professional guardian must ensure that each of the
852	guardian's wards is personally visited by the guardian or one of
853	the guardian's professional staff at least once each calendar
854	quarter. During the personal visit, the guardian or the
855	guardian's professional staff person shall assess:
856	(a)  The ward's physical appearance and condition.
857	(b)  The appropriateness of the ward's current living
858	situation.
859	(c)  The need for any additional services and the necessity
860	for continuation of existing services, taking into consideration
861	all aspects of social, psychological, educational, direct
862	service, health, and personal care needs.
863
864	This subsection does not apply to a professional guardian who
865	has been appointed only as guardian of the property.
866	Section 14.  Subsection (2) of section 744.365, Florida
867	Statutes, is amended to read:
868	744.365  Verified inventory.--
869	(2)  CONTENTS.--The verified inventory must include the
870	following:
871	(a)  All property of the ward, real and personal, that has
872	come into the guardian's possession or knowledge, including a
873	statement of all encumbrances, liens, and other secured claims
874	on any item, any claims against the property, and any cause of
875	action accruing to the ward, and any trusts of which the ward is
876	a beneficiary.;
877	(b)  The location of the real and personal property in
878	sufficient detail so that it may be clearly identified or
879	located.; and
880	(c)  A description of all sources of income, including,
881	without limitation, social security benefits and pensions.
882	Section 15.  Subsections (1) and (3) of section 744.367,
883	Florida Statutes, are amended to read:
884	744.367  Duty to file annual guardianship report.--
885	(1)  Unless the court requires filing on a calendar-year
886	basis, each guardian of the person shall file with the court an
887	annual guardianship plan within 90 days after the last day of
888	the anniversary month the letters of guardianship were signed,
889	and the plan must cover the coming fiscal year, ending on the
890	last day in such anniversary month. If the court requires
891	calendar-year filing, the guardianship plan must be filed on or
892	before April 1 of each year within 90 days after the end of the
893	calendar year.
894	(3)  The annual guardianship report of a guardian of the
895	property must consist of an annual accounting, and the annual
896	report of a guardian of the person of an incapacitated person
897	must consist of an annual guardianship plan. The annual report
898	shall be served on the ward, unless the ward is a minor under
899	the age of 14 years or is totally incapacitated, and on the
900	attorney for the ward, if any. The guardian shall provide a copy
901	to any other person as the court may direct.
902	Section 16.  Section 744.3675, Florida Statutes, is amended
903	to read:
904	744.3675  Annual guardianship plan.--Each guardian of the
905	person must file with the court an annual guardianship plan
906	which updates information about the condition of the ward. The
907	annual plan must specify the current needs of the ward and how
908	those needs are proposed to be met in the coming year.
909	(1)  Each plan for an adult ward must, if applicable,
910	include:
911	(a)  Information concerning the residence of the ward,
912	including:
913	1.  The ward's address at the time of filing the plan.;
914	2.  The name and address of each place where the ward was
915	maintained during the preceding year.;
916	3.  The length of stay of the ward at each place.;
917	4.  A statement of whether the current residential setting
918	is best suited for the current needs of the ward.; and
919	5.  Plans for ensuring during the coming year that the ward
920	is in the best residential setting to meet his or her needs.
921	(b)  Information concerning the medical and mental health
922	conditions condition and treatment and rehabilitation needs of
923	the ward, including:
924	1.  A resume of any professional medical treatment given to
925	the ward during the preceding year.;
926	2.  The report of a physician who examined the ward no more
927	than 90 days before the beginning of the applicable reporting
928	period. The Such report must contain an evaluation of the ward's
929	condition and a statement of the current level of capacity of
930	the ward.; and
931	3.  The plan for providing provision of medical, mental
932	health, and rehabilitative services in the coming year.
933	(c)  Information concerning the social condition of the
934	ward, including:
935	1.  The social and personal services currently used
936	utilized by the ward.;
937	2.  The social skills of the ward, including a statement of
938	how well the ward communicates and maintains interpersonal
939	relationships. with others;
940	3.  A description of the ward's activities at communication
941	and visitation; and
942	3.4.  The social needs of the ward.
943	(2)  Each plan filed by the legal guardian of a minor must
944	include:
945	(a)  Information concerning the residence of the minor,
946	including:
947	1.  The minor's address at the time of filing the plan.
948	2.  The name and address of each place the minor lived
949	during the preceding year.
950	(b)  Information concerning the medical and mental health
951	conditions and treatment and rehabilitation needs of the minor,
952	including:
953	1.  A resume of any professional medical treatment given to
954	the minor during the preceding year.
955	2.  A report from the physician who examined the minor no
956	more than 180 days before the beginning of the applicable
957	reporting period that contains an evaluation of the minor's
958	physical and mental conditions.
959	3.  The plan for providing medical services in the coming
960	year.
961	(c)  Information concerning the education of the minor,
962	including:
963	1.  A summary of the school progress report.
964	2.  The social development of the minor, including a
965	statement of how well the minor communicates and maintains
966	interpersonal relationships.
967	3.  The social needs of the minor.
968	(3)(2)  Each plan for an adult ward must address the issue
969	of restoration of rights to the ward and include:
970	(a)  A summary of activities during the preceding year that
971	which were designed to enhance increase the capacity of the
972	ward.;
973	(b)  A statement of whether the ward can have any rights
974	restored.; and
975	(c)  A statement of whether restoration of any rights will
976	be sought.
977	(4)(3)  The court, in its discretion, may require
978	reexamination of the ward by a physician at any time.
979	Section 17.  Subsections (2) and (3) of section 744.3678,
980	Florida Statutes, are amended to read:
981	744.3678  Annual accounting.--
982	(2)  The annual accounting must include:
983	(a)  A full and correct account of the receipts and
984	disbursements of all of the ward's property over which the
985	guardian has control and a statement of the ward's property on
986	hand at the end of the accounting period. This paragraph does
987	not apply to any property or any trust of which the ward is a
988	beneficiary but which is not under the control or administration
989	of the guardian.
990	(b)  A copy of the annual or year-end statement of all of
991	the ward's cash accounts from each of the institutions where the
992	cash is deposited.
993	(3)  The guardian must obtain a receipt, or canceled check,
994	or other proof of payment for all expenditures and disbursements
995	made on behalf of the ward. The guardian must preserve all
996	evidence of payment the receipts and canceled checks, along with
997	other substantiating papers, for a period of 3 years after his
998	or her discharge. The receipts, proofs of payment checks, and
999	substantiating papers need not be filed with the court but shall
1000	be made available for inspection and review at the such time and
1001	in such place and before the such persons as the court may from
1002	time to time order.
1003	Section 18.  Section 744.3679, Florida Statutes, is amended
1004	to read:
1005	744.3679  Simplified accounting procedures in certain
1006	cases.--
1007	(1)  In a guardianship of property, when all assets of the
1008	estate are in designated depositories under s. 69.031 and the
1009	only transactions that occur in that account are interest
1010	accrual, deposits from a pursuant to settlement, or financial
1011	institution service charges, the guardian may elect to file an
1012	accounting consisting of:
1013	(a)  The original or a certified copy of the year-end
1014	statement of the ward's account from the financial institution;
1015	and
1016	(b)  A statement by the guardian under penalty of perjury
1017	that the guardian has custody and control of the ward's property
1018	as shown in the year-end statement.
1019	(2)  The clerk has no responsibility to monitor or audit
1020	the accounts and may not accept a fee for doing so.
1021	(2)(3)  The accounting allowed by subsection (1) is in lieu
1022	of the accounting and auditing procedures under s. 744.3678(2)
1023	ss. 744.3678 and 744.368(1)(f). However, any interested party
1024	may seek judicial review as provided in s. 744.3685.
1025	(3)(4)  The guardian need not be represented by an attorney
1026	in order to file the annual accounting allowed by subsection
1027	(1).
1028	Section 19.  Subsection (3) of section 744.368, Florida
1029	Statutes, is amended to read:
1030	744.368  Responsibilities of the clerk of the circuit
1031	court.--
1032	(3)  Within 90 days after the filing of the verified
1033	inventory and accountings initial or annual guardianship report
1034	by a guardian of the property, the clerk shall audit the
1035	verified inventory and or the accountings annual accounting. The
1036	clerk shall advise the court of the results of the audit.
1037	Section 20.  Subsection (19) of section 744.441, Florida
1038	Statutes, is amended to read:
1039	744.441  Powers of guardian upon court approval.--After
1040	obtaining approval of the court pursuant to a petition for
1041	authorization to act, a plenary guardian of the property, or a
1042	limited guardian of the property within the powers granted by
1043	the order appointing the guardian or an approved annual or
1044	amended guardianship report, may:
1045	(19)  Create or amend revocable trusts or create
1046	irrevocable trusts of property of the ward's estate which may
1047	extend beyond the disability or life of the ward in connection
1048	with estate, gift, income, or other tax planning or in
1049	connection with estate planning. The court shall retain
1050	oversight of the assets transferred to a trust, unless otherwise
1051	ordered by the court.
1052	Section 21.  Section 744.442, Florida Statutes, is created
1053	to read:
1054	744.442  Delegation of authority.--
1055	(1)  A guardian may designate a surrogate guardian to
1056	exercise the powers of the guardian if the guardian is
1057	unavailable to act. A person designated as a surrogate guardian
1058	under this section must be a professional guardian.
1059	(2)(a)  A guardian must file a petition with the court
1060	requesting permission to designate a surrogate guardian.
1061	(b)  If the court approves the designation, the order must
1062	specify the name and business address of the surrogate guardian
1063	and the duration of appointment, which may not exceed 30 days.
1064	The court may extend the appointment for good cause shown. The
1065	surrogate guardian may exercise all powers of the guardian
1066	unless limited by order of the court. The surrogate guardian
1067	must file with the court an oath swearing or affirming that he
1068	or she will faithfully perform the duties delegated. The court
1069	may require the surrogate guardian to post a bond.
1070	(3)  This section does not limit the responsibility of the
1071	guardian to the ward and to the court. The guardian is liable
1072	for the acts of the surrogate guardian. The guardian may
1073	terminate the authority of the surrogate guardian by filing a
1074	written notice of the termination with the court.
1075	(4)  The surrogate guardian is subject to the jurisdiction
1076	of the court as if appointed to serve as guardian.
1077	Section 22.  Paragraphs (c), (e), and (f) of subsection (2)
1078	and subsection (4) of section 744.464, Florida Statutes, are
1079	amended to read:
1080	744.464  Restoration to capacity.--
1081	(2)  SUGGESTION OF CAPACITY.--
1082	(c)  The court shall immediately send notice of the filing
1083	of the suggestion of capacity to the ward, the guardian, the
1084	attorney for the ward, if any, the state attorney, and any other
1085	interested persons designated by the court. Formal notice must
1086	be served on the guardian. Informal notice may be served on
1087	other persons. Notice need not be served on the person who filed
1088	the suggestion of capacity.
1089	(e)  If an objection is timely filed, or if the medical
1090	examination suggests that full restoration is not appropriate,
1091	the court shall set the matter for hearing. If the ward does not
1092	have an attorney, the court shall appoint one to represent the
1093	ward.
1094	(f)  Notice of the hearing and copies of the objections and
1095	medical examination reports shall be served upon the ward, the
1096	ward's attorney, the guardian, the state attorney, the ward's
1097	next of kin, and any other interested persons as directed by the
1098	court.
1099	(4)  TIME LIMITATION FOR FILING SUGGESTION OF
1100	CAPACITY.--Notwithstanding this section, a suggestion of
1101	capacity may not be filed within 90 days after an adjudication
1102	of incapacity or denial of restoration, unless good cause is
1103	shown.
1104	Section 23.  Paragraph (a) of subsection (19) of section
1105	744.474, Florida Statutes, is amended, and paragraph (b) of that
1106	subsection is redesignated as subsection (20) of that section
1107	and amended, to read:
1108	744.474  Reasons for removal of guardian.--A guardian may
1109	be removed for any of the following reasons, and the removal
1110	shall be in addition to any other penalties prescribed by law:
1111	(19)  Upon a showing by a person who did not receive notice
1112	of the petition for adjudication of incapacity, when such notice
1113	is required, or who is related to the ward within the
1114	relationships specified for nonresident relatives in ss.
1115	744.309(2) and 744.312(2) and who has not previously been
1116	rejected by the court as a guardian that:
1117	(a)  the current guardian is not a family member; and
1118	subsection (20) applies.
1119	(20)(b)  Upon a showing that removal of the current
1120	guardian is in the best interest of the ward. In determining
1121	whether a guardian who is related by blood or marriage to the
1122	ward is to be removed, there shall be a rebuttable presumption
1123	that the guardian is acting in the best interests of the ward,
1124
1125	the court may remove the current guardian and appoint the
1126	petitioner, or such person as the court deems in the best
1127	interest of the ward, either as guardian of the person or of the
1128	property, or both.
1129	Section 24.  Section 744.511, Florida Statutes, is amended
1130	to read:
1131	744.511  Accounting upon removal.--A removed guardian shall
1132	file with the court a true, complete, and final report of his or
1133	her guardianship within 20 days after removal and shall serve a
1134	copy on the successor guardian and the ward, unless the ward is
1135	a minor under 14 years of age or has been determined to be
1136	totally incapacitated.
1137	Section 25.  Section 744.527, Florida Statutes, is amended
1138	to read:
1139	744.527  Final reports and application for discharge;
1140	hearing.--
1141	(1)  When the court terminates the guardianship for any of
1142	the reasons set forth in s. 744.521, the guardian shall promptly
1143	file his or her final report. If the ward has died, the guardian
1144	must file a final report with the court no later than 45 days
1145	after he or she has been served with letters of administration
1146	or letters of curatorship. If no objections are filed and if it
1147	appears that the guardian has made full and complete
1148	distribution to the person entitled and has otherwise faithfully
1149	discharged his or her duties, the court shall approve the final
1150	report. If objections are filed, the court shall conduct a
1151	hearing in the same manner as provided for a hearing on
1152	objections to annual guardianship reports.
1153	(2)  The guardian applying for discharge may is authorized
1154	to retain from the funds in his or her possession a sufficient
1155	amount to pay the final costs of administration, including
1156	guardian and attorney's fees regardless of the death of the
1157	ward, accruing between the filing of his or her final returns
1158	and the order of discharge.
1159	Section 26.  Subsection (3) of section 744.528, Florida
1160	Statutes, is amended to read:
1161	744.528  Discharge of guardian named as personal
1162	representative.--
1163	(3)  Any interested person may file a notice of The court
1164	shall set a hearing on any objections filed by the
1165	beneficiaries. Notice of the hearing must shall be served upon
1166	the guardian, beneficiaries of the ward's estate, and any other
1167	person to whom the court directs service. If a notice of hearing
1168	on the objections is not served within 90 days after filing of
1169	the objections, the objections are deemed abandoned.
1170	Section 27.  Subsections (5) through (8) of section
1171	744.708, Florida Statutes, are amended to read:
1172	744.708  Reports and standards.--
1173	(5)(a)  Each office of public guardian shall undergo an
1174	independent audit by a qualified certified public accountant
1175	shall be performed at least once every 2 years. The audit should
1176	include an investigation into the practices of the office for
1177	managing the person and property of the wards. A copy of the
1178	audit report shall be submitted to the Statewide Public
1179	Guardianship Office.
1180	(b)  In addition to regular monitoring activities, the
1181	Statewide Public Guardianship Office shall conduct an
1182	investigation into the practices of each office of public
1183	guardian related to the managing of each ward's personal affairs
1184	and property. When feasible, the investigation required under
1185	this paragraph shall be conducted in conjunction with the
1186	financial audit of each office of public guardian under
1187	paragraph (a).
1188	(c)  In addition, each the office of public guardian shall
1189	be subject to audits or examinations by the Auditor General and
1190	the Office of Program Policy Analysis and Government
1191	Accountability pursuant to law.
1192	(6)  A The public guardian shall ensure that each of the
1193	guardian's wards is personally visited ward is seen by the
1194	public guardian or by one of the guardian's a professional staff
1195	person at least once each calendar quarter four times a year.
1196	During this personal visit, the public guardian or the
1197	professional staff person shall assess:
1198	(a)  The ward's physical appearance and condition.
1199	(b)  The appropriateness of the ward's current living
1200	situation.
1201	(c)  The need for any additional services and the necessity
1202	for continuation of existing services, taking into consideration
1203	all aspects of social, psychological, educational, direct
1204	service, health, and personal care needs.
1205	(7)  The ratio for professional staff to wards shall be 1
1206	professional to 40 wards. The Statewide Public Guardianship
1207	Office may increase or decrease the ratio after consultation
1208	with the local public guardian and the chief judge of the
1209	circuit court. The basis of the decision to increase or decrease
1210	the prescribed ratio shall be reported in the annual report to
1211	the Secretary of Elderly Affairs, the Governor, the President of
1212	the Senate, the Speaker of the House of Representatives, and the
1213	Chief Justice of the Supreme Court.
1214	(8)  The term "professional," for purposes of this part,
1215	shall not include the public guardian nor the executive director
1216	of the Statewide Public Guardianship Office. The term
1217	"professional" shall be limited to those persons who exercise
1218	direct supervision of individual wards under the direction of
1219	the public guardian.
1220	Section 28.  Paragraph (a) of subsection (5) of section
1221	765.101, Florida Statutes, is amended to read:
1222	765.101  Definitions.--As used in this chapter:
1223	(5)  "Health care decision" means:
1224	(a)  Informed consent, refusal of consent, or withdrawal of
1225	consent to any and all health care, including life-prolonging
1226	procedures and mental health treatment, unless otherwise stated
1227	in the advance directives.
1228	Section 29.  Section 28.345, Florida Statutes, is amended
1229	to read:
1230	28.345  Exemption from court-related fees and
1231	charges.--Notwithstanding any other provision of this chapter or
1232	law to the contrary, judges and those court staff acting on
1233	behalf of judges, state attorneys, guardians ad litem, public
1234	guardians, attorneys ad litem, court-appointed private counsel,
1235	and public defenders, acting in their official capacity, and
1236	state agencies, are exempt from all court-related fees and
1237	charges assessed by the clerks of the circuit courts.
1238	Section 30.  Paragraph (c) of subsection (8) of section
1239	121.091, Florida Statutes, is amended to read:
1240	121.091  Benefits payable under the system.--Benefits may
1241	not be paid under this section unless the member has terminated
1242	employment as provided in s. 121.021(39)(a) or begun
1243	participation in the Deferred Retirement Option Program as
1244	provided in subsection (13), and a proper application has been
1245	filed in the manner prescribed by the department. The department
1246	may cancel an application for retirement benefits when the
1247	member or beneficiary fails to timely provide the information
1248	and documents required by this chapter and the department's
1249	rules. The department shall adopt rules establishing procedures
1250	for application for retirement benefits and for the cancellation
1251	of such application when the required information or documents
1252	are not received.
1253	(8)  DESIGNATION OF BENEFICIARIES.--
1254	(c)  Notwithstanding the member's designation of benefits
1255	to be paid through a trust to a beneficiary that is a natural
1256	person as provided in s. 121.021(46), and notwithstanding the
1257	provisions of the trust, benefits shall be paid directly to the
1258	beneficiary if the such person is no longer a minor or an
1259	incapacitated person as defined in s. 744.102(11) and (12).
1260	Section 31.  Paragraph (c) of subsection (20) of section
1261	121.4501, Florida Statutes, is amended to read:
1262	121.4501  Public Employee Optional Retirement Program.--
1263	(20)  DESIGNATION OF BENEFICIARIES.--
1264	(c)  Notwithstanding the participant's designation of
1265	benefits to be paid through a trust to a beneficiary that is a
1266	natural person, and notwithstanding the provisions of the trust,
1267	benefits shall be paid directly to the beneficiary if the such
1268	person is no longer a minor or an incapacitated person as
1269	defined in s. 744.102(11) and (12).
1270	Section 32.  Subsection (1) and paragraphs (b), (d), and
1271	(f) of subsection (4) of section 709.08, Florida Statutes, are
1272	amended to read:
1273	709.08  Durable power of attorney.--
1274	(1)  CREATION OF DURABLE POWER OF ATTORNEY.--A durable
1275	power of attorney is a written power of attorney by which a
1276	principal designates another as the principal's attorney in
1277	fact. The durable power of attorney must be in writing, must be
1278	executed with the same formalities required for the conveyance
1279	of real property by Florida law, and must contain the words:
1280	"This durable power of attorney is not affected by subsequent
1281	incapacity of the principal except as provided in s. 709.08,
1282	Florida Statutes"; or similar words that show the principal's
1283	intent that the authority conferred is exercisable
1284	notwithstanding the principal's subsequent incapacity, except as
1285	otherwise provided by this section. The durable power of
1286	attorney is exercisable as of the date of execution; however, if
1287	the durable power of attorney is conditioned upon the
1288	principal's lack of capacity to manage property as defined in s.
1289	744.102(12)(11)(a), the durable power of attorney is exercisable
1290	upon the delivery of affidavits in paragraphs (4)(c) and (d) to
1291	the third party.
1292	(4)  PROTECTION WITHOUT NOTICE; GOOD FAITH ACTS;
1293	AFFIDAVITS.--
1294	(b)  Any third party may rely upon the authority granted in
1295	a durable power of attorney that is conditioned on the
1296	principal's lack of capacity to manage property as defined in s.
1297	744.102(12)(11)(a) only after receiving the affidavits provided
1298	in paragraphs (c) and (d), and such reliance shall end when the
1299	third party has received notice as provided in subsection (5).
1300	(d)  A determination that a principal lacks the capacity to
1301	manage property as defined in s. 744.102(12)(11)(a) must be made
1302	and evidenced by the affidavit of a physician licensed to
1303	practice medicine pursuant to chapters 458 and 459 as of the
1304	date of the affidavit. A judicial determination that the
1305	principal lacks the capacity to manage property pursuant to
1306	chapter 744 is not required prior to the determination by the
1307	physician and the execution of the affidavit. For purposes of
1308	this section, the physician executing the affidavit must be the
1309	primary physician who has responsibility for the treatment and
1310	care of the principal. The affidavit executed by a physician
1311	must state where the physician is licensed to practice medicine,
1312	that the physician is the primary physician who has
1313	responsibility for the treatment and care of the principal, and
1314	that the physician believes that the principal lacks the
1315	capacity to manage property as defined in s. 744.102(12)(11)(a).
1316	The affidavit may, but need not, be in the following form:
1317
1318	STATE OF_______________
1319	COUNTY OF_______________
1320
1321	Before me, the undersigned authority, personally appeared
1322	(name of physician)  , Affiant, who swore or affirmed that:
1323	1.  Affiant is a physician licensed to practice medicine in
1324	(name of state, territory, or foreign country)  .
1325	2.  Affiant is the primary physician who has responsibility
1326	for the treatment and care of   (principal's name)  .
1327	3.  To the best of Affiant's knowledge after reasonable
1328	inquiry, Affiant believes that the principal lacks the capacity
1329	to manage property, including taking those actions necessary to
1330	obtain, administer, and dispose of real and personal property,
1331	intangible property, business property, benefits, and income.
1332
1333
1334	____________________
1335	(Affiant)
1336
1337	Sworn to (or affirmed) and subscribed before me this   (day
1338	of)     (month)  ,   (year)  , by   (name of person making
1339	statement)
1340
1341	(Signature of Notary Public-State of Florida)
1342
1343	(Print, Type, or Stamp Commissioned Name of Notary Public)
1344
1345	Personally Known OR Produced Identification
1346	(Type of Identification Produced)
1347	(f)  A third party may not rely on the authority granted in
1348	a durable power of attorney conditioned on the principal's lack
1349	of capacity to manage property as defined in s.
1350	744.102(12)(11)(a) when any affidavit presented has been
1351	executed more than 6 months prior to the first presentation of
1352	the durable power of attorney to the third party.
1353	Section 33.  Subsection (3) of section 744.1085, Florida
1354	Statutes, is amended to read:
1355	744.1085  Regulation of professional guardians;
1356	application; bond required; educational requirements.--
1357	(3)  Each professional guardian defined in s.
1358	744.102(17)(16) and public guardian must receive a minimum of 40
1359	hours of instruction and training. Each professional guardian
1360	must receive a minimum of 16 hours of continuing education every
1361	2 calendar years after the year in which the initial 40-hour
1362	educational requirement is met. The instruction and education
1363	must be completed through a course approved or offered by the
1364	Statewide Public Guardianship Office. The expenses incurred to
1365	satisfy the educational requirements prescribed in this section
1366	may not be paid with the assets of any ward. This subsection
1367	does not apply to any attorney who is licensed to practice law
1368	in this state.
1369	Section 34.  For the purpose of incorporating the amendment
1370	made by this act to section 744.3215, Florida Statutes, in a
1371	reference thereto, subsection (4) of section 117.107, Florida
1372	Statutes, is reenacted to read:
1373	117.107  Prohibited acts.--
1374	(4)  A notary public may not take the acknowledgment of or
1375	administer an oath to a person whom the notary public actually
1376	knows to have been adjudicated mentally incapacitated by a court
1377	of competent jurisdiction, where the acknowledgment or oath
1378	necessitates the exercise of a right that has been removed
1379	pursuant to s. 744.3215(2) or (3), and where the person has not
1380	been restored to capacity as a matter of record.
1381	Section 35.  This act shall take effect July 1, 2006.

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