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; authorizing revocation or
7	suspension of a professional guardian's registration;
8	providing that the Statewide Public Guardianship Office
9	need not review credit and criminal investigations from a
10	state college or university before registering the
11	institution as a professional guardian; amending s.
12	744.301, F.S.; providing that in the event of death, the
13	surviving parent is the sole natural guardian of a minor;
14	prohibiting a natural guardian from using the property of
15	the ward for the guardian's benefit without a court order;
16	creating s. 744.3025, F.S.; authorizing a court to appoint
17	a guardian ad litem to represent a minor's interest in
18	certain claims that exceed a specified amount; requiring a
19	court to appoint a guardian ad litem to represent a
20	minor's interest in certain claims that exceed a specified
21	amount; providing that a court need not appoint a guardian
22	ad litem under certain circumstances; requiring a court to
23	award reasonable fees and costs to the guardian ad litem;
24	amending s. 744.3031, F.S.; increasing the time an
25	emergency temporary guardian may serve; increasing the
26	time of an extension; requiring an emergency temporary
27	guardian to file a final report; providing for the
28	contents of the final report; amending s. 744.304, F.S.;
29	specifying the persons who may file a petition for a
30	standby guardian; requiring that notice of the appointment
31	hearing be served on the ward's next of kin; clarifying
32	when a standby guardian may assume the duties of guardian;
33	requiring that each standby guardian submit to credit and
34	criminal history record checks; amending s. 744.3115,
35	F.S.; defining the term "health care decision"; amending
36	s. 744.3135, F.S.; providing procedures for completing a
37	guardian's criminal history record check; authorizing a
38	guardian to use electronic fingerprinting equipment that
39	is available for criminal history record checks of public
40	employees; providing that a guardian need not be
41	rescreened if he or she uses certain electronic
42	fingerprinting equipment; providing for fees; requiring
43	the Statewide Public Guardianship Office to request that
44	the Department of Law Enforcement forward certain
45	fingerprints to the Federal Bureau of Investigation;
46	requiring the Statewide Public Guardianship Office to
47	adopt a rule for credit investigations of guardians;
48	amending s. 744.3145, F.S.; reducing the time in which a
49	guardian must complete the education courses; amending s.
50	744.3215, F.S.; providing that an incapacitated person
51	retains the right to receive services and rehabilitation
52	necessary to maximize the quality of the person's life;
53	revising provisions relating to rights that may be removed
54	from a person determined incapacitated; amending s.
55	744.331, F.S.; requiring that the court appoint an
56	attorney for an alleged incapacitated person from a
57	specified registry; requiring attorneys to complete
58	certain training programs; providing that a member of the
59	examining committee may not be related to or associated
60	with certain persons; prohibiting a person who served on
61	an examining committee from being appointed as the
62	guardian; requiring each member of an examining committee
63	to file an affidavit stating that he or she has completed
64	or will timely complete the mandatory training; providing
65	for training programs; requiring each member to file a
66	report regarding his or her examination of an alleged
67	incapacitated person; providing for dismissal of a
68	petition alleging incapacity based on the reports of the
69	majority of the committee members; providing for an award
70	of attorney's fees; amending s. 744.341, F.S.; requiring
71	the voluntary guardian to include certain information in
72	the annual report; amending s. 744.361, F.S.; requiring a
73	professional guardian to ensure that each of his or her
74	wards is personally visited at least quarterly; providing
75	for the assessment of certain conditions during the
76	personal visit; providing an exemption; amending s.
77	744.365, F.S.; requiring that the verified inventory
78	include information on any trust to which a ward is a
79	beneficiary; amending s. 744.367, F.S.; requiring that the
80	annual report of the guardian filing on a calendar-year
81	basis be filed on or before a specified date; exempting
82	all minor wards from service of the annual report;
83	amending s. 744.3675, F.S.; requiring that the annual
84	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 ss. 121.091, 121.4501, 709.08, and 744.1085,
134	F.S.; conforming cross-references; reenacting s.
135	117.107(4), F.S., relating to prohibited acts of a notary
136	public, to incorporate the amendment made to s. 744.3215,
137	F.S., in a reference thereto; providing an effective date.
138
139	Be It Enacted by the Legislature of the State of Florida:
140
141	Section 1.  Section 744.102, Florida Statutes, is amended
142	to read:
143	744.102  Definitions.--As used in this chapter, the term:
144	(1)  "Attorney for the alleged incapacitated person" means
145	an attorney who represents the alleged incapacitated person. The
146	Such attorney shall represent the expressed wishes of the
147	alleged incapacitated person to the extent it is consistent with
148	the rules regulating The Florida Bar.
149	(2)  "Audit" means a systematic review of financial and all
150	other documents to ensure compliance with s. 744.368, rules of
151	court, and local procedures using generally accepted accounting
152	principles.
153	(3)(2)  "Clerk" means the clerk or deputy clerk of the
154	court.
155	(4)(3)  "Corporate guardian" means a corporation authorized
156	to exercise fiduciary or guardianship powers in this state and
157	includes a nonprofit corporate guardian.
158	(5)(4)  "Court" means the circuit court.
159	(6)(5)  "Court monitor" means a person appointed by the
160	court under pursuant to s. 744.107 to provide the court with
161	information concerning a ward.
162	(7)(6)  "Estate" means the property of a ward subject to
163	administration.
164	(8)(7)  "Foreign guardian" means a guardian appointed in
165	another state or country.
166	(9)(8)  "Guardian" means a person who has been appointed by
167	the court to act on behalf of a ward's person or property, or
168	both.
169	(a)  "Limited guardian" means a guardian who has been
170	appointed by the court to exercise the legal rights and powers
171	specifically designated by court order entered after the court
172	has found that the ward lacks the capacity to do some, but not
173	all, of the tasks necessary to care for his or her person or
174	property, or after the person has voluntarily petitioned for
175	appointment of a limited guardian.
176	(b)  "Plenary guardian" means a person who has been
177	appointed by the court to exercise all delegable legal rights
178	and powers of the ward after the court has found that the ward
179	lacks the capacity to perform all of the tasks necessary to care
180	for his or her person or property.
181	(10)(9)  "Guardian ad litem" means a person who is
182	appointed by the court having jurisdiction of the guardianship
183	or a court in which a particular legal matter is pending to
184	represent a ward in that proceeding.
185	(11)(10)  "Guardian advocate" means a person appointed by a
186	written order of the court to represent a person with
187	developmental disabilities under s. 393.12. As used in this
188	chapter, the term does not apply to a guardian advocate
189	appointed for a person determined incompetent to consent to
190	treatment under s. 394.4598.
191	(12)(11)  "Incapacitated person" means a person who has
192	been judicially determined to lack the capacity to manage at
193	least some of the property or to meet at least some of the
194	essential health and safety requirements of the such person.
195	(a)  To "manage property" means to take those actions
196	necessary to obtain, administer, and dispose of real and
197	personal property, intangible property, business property,
198	benefits, and income.
199	(b)  To "meet essential requirements for health or safety"
200	means to take those actions necessary to provide the health
201	care, food, shelter, clothing, personal hygiene, or other care
202	without which serious and imminent physical injury or illness is
203	more likely than not to occur.
204	(13)(12)  "Minor" means a person under 18 years of age
205	whose disabilities have not been removed by marriage or
206	otherwise.
207	(14)(13)  "Next of kin" means those persons who would be
208	heirs at law of the ward or alleged incapacitated person if the
209	such person were deceased and includes the lineal descendants of
210	the such ward or alleged incapacitated person.
211	(15)(14)  "Nonprofit corporate guardian" means a nonprofit
212	corporation organized for religious or charitable purposes and
213	existing under the laws of this state.
214	(16)(15)  "Preneed guardian" means a person named in a
215	written declaration to serve as guardian in the event of the
216	incapacity of the declarant as provided in s. 744.3045.
217	(17)(16)  "Professional guardian" means any guardian who
218	receives or has at any time received compensation for services
219	rendered services to three or more than two wards as their
220	guardian. A person serving as a guardian for two or more
221	relatives as defined in s. 744.309(2) is not considered a
222	professional guardian. A public guardian shall be considered a
223	professional guardian for purposes of regulation, education, and
224	registration.
225	(18)(17)  "Property" means both real and personal property
226	or any interest in it and anything that may be the subject of
227	ownership.
228	(19)(18)  "Standby guardian" means a person empowered to
229	assume the duties of guardianship upon the death or adjudication
230	of incapacity of the last surviving natural or appointed
231	guardian.
232	(20)  "Surrogate guardian" means a guardian designated
233	according to s. 744.442.
234	(21)(19)  "Totally incapacitated" means incapable of
235	exercising any of the rights enumerated in s. 744.3215(2) and
236	(3).
237	(22)(20)  "Ward" means a person for whom a guardian has
238	been appointed.
239	Section 2.  Subsections (3), (5), (7), and (10) of section
240	744.1083, Florida Statutes, are amended to read:
241	744.1083  Professional guardian registration.--
242	(3)  Registration must include the following:
243	(a)  Sufficient information to identify the professional
244	guardian, as follows:
245	1.  If the professional guardian is a natural person, the
246	name, address, date of birth, and employer identification or
247	social security number of the person professional guardian.
248	2.(b)  If the professional guardian is a partnership or
249	association, the name, address, and date of birth of every
250	member, and the employer identification number of the entity
251	partnership or association.
252	(c)  If the professional guardian is a corporation, the
253	name, address, and employer identification number of the
254	corporation; the name, address, and date of birth of each of its
255	directors and officers; the name of its resident agent; and the
256	name, address, and date of birth of each person having at least
257	a 10-percent interest in the corporation.
258	(d)  The name, address, date of birth, and employer
259	identification number, if applicable, of each person providing
260	guardian-delegated financial or personal guardianship services
261	for wards.
262	(b)(e)  Documentation that the bonding and educational
263	requirements of s. 744.1085 have been met.
264	(c)(f)  Sufficient information to distinguish a guardian
265	providing guardianship services as a public guardian,
266	individually, through partnership, corporation, or any other
267	business organization.
268	(5)  The executive director of the office may deny
269	registration to a professional guardian if the executive
270	director determines that the guardian's proposed registration,
271	including the guardian's credit or criminal investigations,
272	indicates that registering the professional guardian would
273	violate any provision of this chapter. If a guardian who is
274	currently registered with the office violates a provision of
275	this chapter, the executive director of the office may suspend
276	or revoke the guardian's registration. If the executive director
277	denies registration to a professional guardian or suspends or
278	revokes a professional guardian's registration, the Statewide
279	Public Guardianship Office must send written notification of the
280	denial, suspension, or revocation to the chief judge of each
281	judicial circuit in which the guardian was serving on the day of
282	the office's decision to deny, suspend, or revoke the
283	registration.
284	(7)  A trust company, a state banking corporation or state
285	savings association authorized and qualified to exercise
286	fiduciary powers in this state, or a national banking
287	association or federal savings and loan association authorized
288	and qualified to exercise fiduciary powers in this state, may,
289	but is not required to, register as a professional guardian
290	under this section. If a trust company, state banking
291	corporation, state savings association, national banking
292	association, or federal savings and loan association described
293	in this subsection elects to register as a professional guardian
294	under this subsection, the requirements of subsections (3) and
295	(4) do not apply and the registration must include only the
296	name, address, and employer identification number of the
297	registrant, the name and address of its registered agent, if
298	any, and the documentation described in paragraph (3)(b)(e).
299	(10)  A state college or university or an independent
300	college or university described in s. 1009.98(3)(a), may, but is
301	not required to, register as a professional guardian under this
302	section. If a state college or university or independent college
303	or university elects to register as a professional guardian
304	under this subsection, the requirements of subsections (3) and
305	(4) subsection (3) do not apply and the registration must
306	include only the name, address, and employer identification
307	number of the registrant.
308	Section 3.  Section 744.301, Florida Statutes, is amended
309	to read:
310	744.301  Natural guardians.--
311	(1)  The mother and father jointly are natural guardians of
312	their own children and of their adopted children, during
313	minority. If one parent dies, the surviving parent remains the
314	sole natural guardian even if he or she the natural guardianship
315	shall pass to the surviving parent, and the right shall continue
316	even though the surviving parent remarries. If the marriage
317	between the parents is dissolved, the natural guardianship
318	belongs shall belong to the parent to whom the custody of the
319	child is awarded. If the parents are given joint custody, then
320	both shall continue as natural guardians. If the marriage is
321	dissolved and neither the father nor the mother is given custody
322	of the child, neither shall act as natural guardian of the
323	child. The mother of a child born out of wedlock is the natural
324	guardian of the child and is entitled to primary residential
325	care and custody of the child unless a court of competent
326	jurisdiction enters an order stating otherwise.
327	(2)  The Natural guardian or guardians are authorized, on
328	behalf of any of their minor children, to:
329	(a)  Settle and consummate a settlement of any claim or
330	cause of action accruing to any of their minor children for
331	damages to the person or property of any of said minor children;
332	(b)  Collect, receive, manage, and dispose of the proceeds
333	of any such settlement;
334	(c)  Collect, receive, manage, and dispose of any real or
335	personal property distributed from an estate or trust;
336	(d)  Collect, receive, manage, and dispose of and make
337	elections regarding the proceeds from a life insurance policy or
338	annuity contract payable to, or otherwise accruing to the
339	benefit of, the child; and
340	(e)  Collect, receive, manage, dispose of, and make
341	elections regarding the proceeds of any benefit plan as defined
342	by s. 710.102, of which the minor is a beneficiary, participant,
343	or owner,
344
345	without appointment, authority, or bond, when the amounts
346	received, in the aggregate, do amount involved in any instance
347	does not exceed $15,000.
348	(3)  All instruments executed by a natural guardian for the
349	benefit of the ward under the powers specified provided for in
350	subsection (2) shall be binding on the ward. The natural
351	guardian may not, without a court order, use the property of the
352	ward for the guardian's benefit or to satisfy the guardian's
353	support obligation to the ward.
354	(4)(a)  In any case where a minor has a claim for personal
355	injury, property damage, or wrongful death in which the gross
356	settlement for the claim of the minor exceeds $15,000, the court
357	may, prior to the approval of the settlement of the minor's
358	claim, appoint a guardian ad litem to represent the minor's
359	interests. In any case in which the gross settlement involving a
360	minor equals or exceeds $25,000, the court shall, prior to the
361	approval of the settlement of the minor's claim, appoint a
362	guardian ad litem to represent the minor's interests. The
363	appointment of the guardian ad litem must be without the
364	necessity of bond or a notice. The duty of the guardian ad litem
365	is to protect the minor's interests. The procedure for carrying
366	out that duty is as prescribed in the Florida Probate Rules. If
367	a legal guardian of the minor has previously been appointed and
368	has no potential adverse interest to the minor, the court may
369	not appoint a guardian ad litem to represent the minor's
370	interests, unless the court determines that the appointment is
371	otherwise necessary.
372	(b)  Unless waived, the court shall award reasonable fees
373	and costs to the guardian ad litem to be paid out of the gross
374	proceeds of the settlement.
375	Section 4.  Section 744.3025, Florida Statutes, is created
376	to read:
377	744.3025  Claims of minors.--
378	(1)(a)  The court may appoint a guardian ad litem to
379	represent the minor's interest before approving a settlement of
380	the minor's portion of the claim in any case in which a minor
381	has a claim for personal injury, property damage, wrongful
382	death, or other cause of action in which the gross settlement of
383	the claim exceeds $15,000.
384	(b)  The court shall appoint a guardian ad litem to
385	represent the minor's interest before approving a settlement of
386	the minor's claim in any case in which the gross settlement
387	involving a minor equals or exceeds $50,000.
388	(c)  The appointment of the guardian ad litem must be
389	without the necessity of bond or notice.
390	(d)  The duty of the guardian ad litem is to protect the
391	minor's interests as described in the Florida Probate Rules.
392	(e)  A court need not appoint a guardian ad litem for the
393	minor if a guardian of the minor has previously been appointed
394	and that guardian has no potential adverse interest to the
395	minor. A court may appoint a guardian ad litem if the court
396	believes a guardian ad litem is necessary to protect the
397	interests of the minor.
398	(2)  Unless waived, the court shall award reasonable fees
399	and costs to the guardian ad litem to be paid out of the gross
400	proceeds of the settlement.
401	Section 5.  Subsection (3) of section 744.3031, Florida
402	Statutes, is amended, and subsection (8) is added to that
403	section, to read:
404	744.3031  Emergency temporary guardianship.--
405	(3)  The authority of an emergency temporary guardian
406	expires 90 60 days after the date of appointment or when a
407	guardian is appointed, whichever occurs first. The authority of
408	the emergency temporary guardian may be extended for an
409	additional 90 30 days upon a showing that the emergency
410	conditions still exist.
411	(8)(a)  An emergency temporary guardian shall file a final
412	report no later than 30 days after the expiration of the
413	emergency temporary guardianship.
414	(b)  If an emergency temporary guardian is a guardian for
415	the property, the final report must consist of a verified
416	inventory of the property, as provided in s. 744.365, as of the
417	date the letters of emergency temporary guardianship were
418	issued, a final accounting that gives a full and correct account
419	of the receipts and disbursements of all the property of the
420	ward over which the guardian had control, and a statement of the
421	property of the ward on hand at the end of the emergency
422	temporary guardianship. If the emergency temporary guardian
423	becomes the successor guardian of the property, the final report
424	must satisfy the requirements of the initial guardianship report
425	for the guardian of the property as provided in s. 744.362.
426	(c)  If the emergency temporary guardian is a guardian of
427	the person, the final report must summarize the activities of
428	the temporary guardian with regard to residential placement,
429	medical condition, mental health and rehabilitative services,
430	and the social condition of the ward to the extent of the
431	authority granted to the temporary guardian in the letters of
432	guardianship. If the emergency temporary guardian becomes the
433	successor guardian of the person, the report must satisfy the
434	requirements of the initial report for a guardian of the person
435	as stated in s. 744.362.
436	(d)  A copy of the final report of the emergency temporary
437	guardianship shall be served on the successor guardian and the
438	ward.
439	Section 6.  Section 744.304, Florida Statutes, is amended
440	to read:
441	744.304  Standby guardianship.--
442	(1)  Upon a petition by the natural guardians or a guardian
443	appointed under s. 744.3021, the court may appoint a standby
444	guardian of the person or property of a minor or consent of both
445	parents, natural or adoptive, if living, or of the surviving
446	parent, a standby guardian of the person or property of a minor
447	may be appointed by the court. The court may also appoint an
448	alternate to the guardian to act if the standby guardian does
449	not serve or ceases to serve after appointment. Notice of a
450	hearing on the petition must be served on the parents, natural
451	or adoptive, and on any guardian currently serving unless the
452	notice is waived in writing by them or waived by the court for
453	good cause shown shall renounce, die, or become incapacitated
454	after the death of the last surviving parent of the minor.
455	(2)  Upon petition of a currently serving guardian, a
456	standby guardian of the person or property of an incapacitated
457	person may be appointed by the court. Notice of the hearing
458	shall be served on the ward's next of kin.
459	(3)  The standby guardian or alternate shall be empowered
460	to assume the duties of guardianship his or her office
461	immediately on the death, removal, or resignation of the
462	guardian of a minor, or on the death or adjudication of
463	incapacity of the last surviving natural guardian or adoptive
464	parent of a minor, or upon the death, removal, or resignation of
465	the guardian for an adult. The; however, such a guardian of the
466	ward's property may not be empowered to deal with the ward's
467	property, other than to safeguard it, before prior to issuance
468	of letters of guardianship. If the ward incapacitated person is
469	over the age of 18 years, the court shall conduct a hearing as
470	provided in s. 744.331 before confirming the appointment of the
471	standby guardian, unless the ward has previously been found to
472	be incapacitated.
473	(4)  Within 20 days after assumption of duties as guardian,
474	a standby guardian shall petition for confirmation of
475	appointment. If the court finds the standby guardian to be
476	qualified to serve as guardian under pursuant to ss. 744.309 and
477	744.312, appointment of the guardian must be confirmed. Each
478	guardian so confirmed shall file an oath in accordance with s.
479	744.347, and shall file a bond, and shall submit to a credit and
480	a criminal history record check as set forth in s. 744.3135, if
481	required. Letters of guardianship must then be issued in the
482	manner provided in s. 744.345.
483	(5)  After the assumption of duties by a standby guardian,
484	the court shall have jurisdiction over the guardian and the
485	ward.
486	Section 7.  Section 744.3115, Florida Statutes, is amended
487	to read:
488	744.3115  Advance directives for health care.--In each
489	proceeding in which a guardian is appointed under this chapter,
490	the court shall determine whether the ward, prior to incapacity,
491	has executed any valid advance directive under pursuant to
492	chapter 765. If any such advance directive exists, the court
493	shall specify in its order and letters of guardianship what
494	authority, if any, the guardian shall exercise over the
495	surrogate. Pursuant to the grounds listed in s. 765.105, the
496	court, upon its own motion, may, with notice to the surrogate
497	and any other appropriate parties, modify or revoke the
498	authority of the surrogate to make health care decisions for the
499	ward. For purposes of this section, the term "health care
500	decision" has the same meaning as in s. 765.101.
501	Section 8.  Section 744.3135, Florida Statutes, is amended
502	to read:
503	744.3135  Credit and criminal investigation.--
504	(1)  The court may require a nonprofessional guardian and
505	shall require a professional or public guardian, and all
506	employees of a professional guardian who have a fiduciary
507	responsibility to a ward, to submit, at their own expense, to an
508	investigation of the guardian's credit history and to undergo
509	level 2 background screening as required under s. 435.04. If a
510	credit or criminal history record check is required, the court
511	must consider the results of any investigation before appointing
512	a guardian. At any time, the court may require a guardian or the
513	guardian's employees to submit to an investigation of the
514	person's credit history and complete a level 1 background
515	screening as set forth in s. 435.03. The court shall consider
516	the results of any investigation when reappointing a guardian.
517	The clerk of the court shall maintain a file on each guardian
518	appointed by the court and retain in the file documentation of
519	the result of any investigation conducted under this section. A
520	professional guardian must pay the clerk of the court a fee of
521	up to $7.50 for handling and processing professional guardian
522	files.
523	(2)  The court and the Statewide Public Guardianship Office
524	shall accept the satisfactory completion of a criminal history
525	record check by any method described in this subsection. A
526	guardian satisfies the requirements of this section by
527	undergoing:
528	(a)  An electronic fingerprint criminal history record
529	check. A guardian may use any electronic fingerprinting
530	equipment used for criminal history record checks of public
531	employees. The guardian shall pay the actual costs incurred by
532	the Federal Bureau of Investigation and the Department of Law
533	Enforcement for the criminal history record check. The agency
534	that operates the equipment used by the guardian may charge the
535	guardian an additional fee, not to exceed $10, for the use of
536	the equipment. The agency completing the record check must
537	immediately send the results of the criminal history record
538	check to the clerk of the court and the Statewide Public
539	Guardianship Office. The clerk of the court shall maintain the
540	results in the guardian's file and shall make the results
541	available to the court; or
542	(b)  A criminal history record check using a fingerprint
543	card. The clerk of the court shall obtain fingerprint cards from
544	the Federal Bureau of Investigation and make them available to
545	guardians. Any guardian who is so required shall have his or her
546	fingerprints taken and forward the proper fingerprint card along
547	with the necessary fee to the Florida Department of Law
548	Enforcement for processing. The professional guardian shall pay
549	to the clerk of the court a fee of up to $7.50 for handling and
550	processing professional guardian files. The results of the
551	fingerprint card criminal history record checks shall be
552	forwarded to the clerk of the court who shall maintain the
553	results in the guardian's a guardian file and shall make the
554	results available to the court and the Statewide Public
555	Guardianship Office.
556	(3)(a)  A professional guardian, and each employee of a
557	professional guardian who has a fiduciary responsibility to a
558	ward, must complete, at his or her own expense, a level 2
559	background screening as set forth in s. 435.04 before and at
560	least once every 5 years after the date the guardian is
561	appointed. A professional guardian, and each employee of a
562	professional guardian who has a fiduciary responsibility to a
563	ward, must complete, at his or her own expense, a level 1
564	background screening as set forth in s. 435.03 at least once
565	every 2 years after the date the guardian is appointed. However,
566	a person is not required to resubmit fingerprints for a criminal
567	history record check if he or she has been screened using
568	electronic fingerprinting equipment and the fingerprints are
569	retained by the Department of Law Enforcement in order to notify
570	the clerk of the court of any crime charged against the person
571	in this state or elsewhere, as appropriate.
572	(b)  Effective December 15, 2006, all fingerprints
573	electronically submitted to the Department of Law Enforcement
574	under this section shall be retained by the Department of Law
575	Enforcement in a manner provided by rule and entered in the
576	statewide automated fingerprint identification system authorized
577	by s. 943.05(2)(b). The fingerprints shall thereafter be
578	available for all purposes and uses authorized for arrest
579	fingerprint cards entered in the Criminal Justice Information
580	Program under s. 943.051.
581	(c)  Effective December 15, 2006, the Department of Law
582	Enforcement shall search all arrest fingerprint cards received
583	under s. 943.051 against the fingerprints retained in the
584	statewide automated fingerprint identification system under
585	paragraph (b). Any arrest record that is identified with the
586	fingerprints of a person described in this paragraph must be
587	reported to the clerk of court. The clerk of court must forward
588	any arrest record received for a professional guardian to the
589	Statewide Public Guardianship Office within 5 days. Each
590	guardian who elects to submit fingerprint information
591	electronically shall participate in this search process by
592	paying an annual fee to the Statewide Public Guardianship Office
593	of the Department of Elderly Affairs and by informing the clerk
594	of court and the Statewide Public Guardianship Office of any
595	change in the status of his or her guardianship appointment. The
596	amount of the annual fee to be imposed for performing these
597	searches and the procedures for the retention of guardian
598	fingerprints and the dissemination of search results shall be
599	established by rule of the Department of Law Enforcement. At
600	least once every 5 years, the Statewide Public Guardianship
601	Office must request that the Department of Law Enforcement
602	forward the fingerprints maintained under this section to the
603	Federal Bureau of Investigation.
604	(4)(a)  A professional guardian, and each employee of a
605	professional guardian who has a fiduciary responsibility to a
606	ward, must complete, at his or her own expense, an investigation
607	of his or her credit history before and at least once every 2
608	years after the date of the guardian's appointment.
609	(b)  The Statewide Public Guardianship Office shall adopt a
610	rule detailing the acceptable methods for completing a credit
611	investigation under this section. If appropriate, the Statewide
612	Public Guardianship Office may administer credit investigations.
613	If the office chooses to administer the credit investigation,
614	the office may adopt a rule setting a fee, not to exceed $25, to
615	reimburse the costs associated with the administration of a
616	credit investigation.
617	(5)  The Statewide Public Guardianship Office may inspect
618	at any time the results of any credit or criminal history record
619	check of a public or professional guardian conducted under this
620	section. The office shall maintain copies of the credit or
621	criminal history record check results in the guardian's
622	registration file. If the results of a credit or criminal
623	investigation of a public or professional guardian have not been
624	forwarded to the Statewide Public Guardianship Office by the
625	investigating agency, the clerk of the court shall forward
626	copies of the results of the investigations to the office upon
627	receiving them. If credit or criminal investigations are
628	required, the court must consider the results of the
629	investigations before appointing a guardian. Professional
630	guardians and all employees of a professional guardian who have
631	a fiduciary responsibility to a ward, so appointed, must
632	resubmit, at their own expense, to an investigation of credit
633	history, and undergo level 1 background screening as required
634	under s. 435.03, at least every 2 years after the date of their
635	appointment. At any time, the court may require guardians or
636	their employees to submit to an investigation of credit history
637	and undergo level 1 background screening as required under s.
638	435.03. The court must consider the results of these
639	investigations in reappointing a guardian.
640	(1)  Upon receiving the results of a credit or criminal
641	investigation of any public or professional guardian, the clerk
642	of the court shall forward copies of the results to the
643	Statewide Public Guardianship Office in order that the results
644	may be maintained in the guardian's registration file.
645	(6)(2)  The requirements of this section do does not apply
646	to a professional guardian, or to the employees of a
647	professional guardian, that which is a trust company, a state
648	banking corporation or state savings association authorized and
649	qualified to exercise fiduciary powers in this state, or a
650	national banking association or federal savings and loan
651	association authorized and qualified to exercise fiduciary
652	powers in this state.
653	Section 9.  Subsection (4) of section 744.3145, Florida
654	Statutes, is amended to read:
655	744.3145  Guardian education requirements.--
656	(4)  Each person appointed by the court to be a guardian
657	must complete the required number of hours of instruction and
658	education within 4 months 1 year after his or her appointment as
659	guardian. The instruction and education must be completed
660	through a course approved by the chief judge of the circuit
661	court and taught by a court-approved organization. Court-
662	approved organizations may include, but are not limited to,
663	community or junior colleges, guardianship organizations, and
664	the local bar association or The Florida Bar.
665	Section 10.  Paragraph (i) of subsection (1) and subsection
666	(2) of section 744.3215, Florida Statutes, are amended to read:
667	744.3215  Rights of persons determined incapacitated.--
668	(1)  A person who has been determined to be incapacitated
669	retains the right:
670	(i)  To receive necessary services and rehabilitation
671	necessary to maximize the quality of life.
672	(2)  Rights that may be removed from a person by an order
673	determining incapacity but not delegated to a guardian include
674	the right:
675	(a)  To marry. If the right to enter into a contract has
676	been removed, the right to marry is subject to court approval.
677	(b)  To vote.
678	(c)  To personally apply for government benefits.
679	(d)  To have a driver's license.
680	(e)  To travel.
681	(f)  To seek or retain employment.
682	Section 11.  Subsections (2), (3), and (4), paragraph (a)
683	of subsection (5), and subsection (7) of section 744.331,
684	Florida Statutes, are amended to read:
685	744.331  Procedures to determine incapacity.--
686	(2)  ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.--
687	(a)  When a court appoints an attorney for an alleged
688	incapacitated person, the court must appoint an attorney who is
689	included in the attorney registry compiled pursuant to ss. 27.40
690	and 27.42 by the circuit's Article V indigent services
691	committee. Appointments must be made on a rotating basis, taking
692	into consideration conflicts arising under this chapter.
693	(b)(a)  The court shall appoint an attorney for each person
694	alleged to be incapacitated in all cases involving a petition
695	for adjudication of incapacity. The alleged incapacitated person
696	may substitute her or his own attorney for the attorney
697	appointed by the court.
698	(c)(b)  Any attorney representing an alleged incapacitated
699	person may not serve as guardian of the alleged incapacitated
700	person or as counsel for the guardian of the alleged
701	incapacitated person or the petitioner.
702	(d)  Effective January 1, 2007, an attorney seeking to be
703	appointed by a court for incapacity and guardianship proceedings
704	must have completed a minimum of 8 hours of education in
705	guardianship. A court may waive the initial training requirement
706	for an attorney who has served as a court-appointed attorney in
707	incapacity proceedings or as an attorney of record for guardians
708	for not less than 3 years.
709	(3)  EXAMINING COMMITTEE.--
710	(a)  Within 5 days after a petition for determination of
711	incapacity has been filed, the court shall appoint an examining
712	committee consisting of three members. One member must be a
713	psychiatrist or other physician. The remaining members must be
714	either a psychologist, gerontologist, another psychiatrist, or
715	other physician, a registered nurse, nurse practitioner,
716	licensed social worker, a person with an advanced degree in
717	gerontology from an accredited institution of higher education,
718	or other person who by knowledge, skill, experience, training,
719	or education may, in the court's discretion, advise the court in
720	the form of an expert opinion. One of three members of the
721	committee must have knowledge of the type of incapacity alleged
722	in the petition. Unless good cause is shown, the attending or
723	family physician may not be appointed to the committee. If the
724	attending or family physician is available for consultation, the
725	committee must consult with the physician. Members of the
726	examining committee may not be related to or associated with one
727	another, or with the petitioner, with counsel for the petitioner
728	or the proposed guardian, or with the person alleged to be
729	totally or partially incapacitated. A member may not be employed
730	by any private or governmental agency that has custody of, or
731	furnishes, services or subsidies, directly or indirectly, to the
732	person or the family of the person alleged to be incapacitated
733	or for whom a guardianship is sought. A petitioner may not serve
734	as a member of the examining committee. Members of the examining
735	committee must be able to communicate, either directly or
736	through an interpreter, in the language that the alleged
737	incapacitated person speaks or to communicate in a medium
738	understandable to the alleged incapacitated person if she or he
739	is able to communicate. The clerk of the court shall send notice
740	of the appointment to each person appointed no later than 3 days
741	after the court's appointment.
742	(b)  A person who has been appointed to serve as a member
743	of an examining committee to examine an alleged incapacitated
744	person may not thereafter be appointed as a guardian for the
745	person who was the subject of the examination.
746	(c)  Each person appointed to an examining committee must
747	file an affidavit with the court stating that he or she has
748	completed the required courses or will do so no later than 4
749	months after his or her initial appointment. Each year, the
750	chief judge of the circuit must prepare a list of persons
751	qualified to be members of an examining committee.
752	(d)  A member of an examining committee must complete a
753	minimum of 4 hours of initial training. The person must complete
754	2 hours of continuing education during each 2-year period after
755	the initial training. The initial training and continuing
756	education program must be developed under the supervision of the
757	Statewide Public Guardianship Office, in consultation with the
758	Florida Conference of Circuit Court Judges; the Elder Law and
759	the Real Property, Probate and Trust Law sections of The Florida
760	Bar; the Florida State Guardianship Association; and the Florida
761	Guardianship Foundation. The court may waive the initial
762	training requirement for a person who has served for not less
763	than 5 years on examining committees. If a person wishes to
764	obtain his or her continuing education on the Internet or by
765	watching a video course, the person must first obtain the
766	approval of the chief judge before taking an Internet or video
767	course.
768	(e)(b)  Each member of the examining committee shall
769	examine the person. Each The examining committee member must
770	shall determine the alleged incapacitated person's ability to
771	exercise those rights specified in s. 744.3215. In addition to
772	the examination, each the examining committee member must shall
773	have access to, and may consider, previous examinations of the
774	person, including, but not limited to, habilitation plans,
775	school records, and psychological and psychosocial reports
776	voluntarily offered for use by the alleged incapacitated person.
777	Each member of the examining committee must shall submit a
778	report within 15 days after appointment.
779	(f)(c)  The examination of the alleged incapacitated person
780	must include a comprehensive examination, a report of which
781	shall be filed by each the examining committee member as part of
782	his or her its written report. The comprehensive examination
783	report should be an essential element, but not necessarily the
784	only element, used in making a capacity and guardianship
785	decision. The comprehensive examination must include, if
786	indicated:
787	1.  A physical examination;
788	2.  A mental health examination; and
789	3.  A functional assessment.
790
791	If any of these three aspects of the examination is not
792	indicated or cannot be accomplished for any reason, the written
793	report must explain the reasons for its omission.
794	(g)(d)  Each committee member's The committee's written
795	report must include:
796	1.  To the extent possible, a diagnosis, prognosis, and
797	recommended course of treatment.
798	2.  An evaluation of the alleged incapacitated person's
799	ability to retain her or his rights, including, without
800	limitation, the rights to marry; vote; contract; manage or
801	dispose of property; have a driver's license; determine her or
802	his residence; consent to medical treatment; and make decisions
803	affecting her or his social environment.
804	3.  The results of the comprehensive examination and the
805	committee member's members' assessment of information provided
806	by the attending or family physician, if any.
807	4.  A description of any matters with respect to which the
808	person lacks the capacity to exercise rights, the extent of that
809	incapacity, and the factual basis for the determination that the
810	person lacks that capacity.
811	5.  The names of all persons present during the time the
812	committee member conducted his or her examination. If a person
813	other than the person who is the subject of the examination
814	supplies answers posed to the alleged incapacitated person, the
815	report must include the response and the name of the person
816	supplying the answer.
817	6.5.  The signature of each member of the committee member
818	and the date and time the member conducted his or her
819	examination.
820	(h)(e)  A copy of each committee member's the report must
821	be served on the petitioner and on the attorney for the alleged
822	incapacitated person within 3 days after the report is filed and
823	at least 5 days before the hearing on the petition.
824	(4)  DISMISSAL OF PETITION.--If a majority of the examining
825	committee members conclude concludes that the alleged
826	incapacitated person is not incapacitated in any respect, the
827	court shall dismiss the petition.
828	(5)  ADJUDICATORY HEARING.--
829	(a)  Upon appointment of the examining committee, the court
830	shall set the date upon which the petition will be heard. The
831	date for the adjudicatory hearing must be set no more than 14
832	days after the filing of the reports report of the examining
833	committee members, unless good cause is shown. The adjudicatory
834	hearing must be conducted at the time and place specified in the
835	notice of hearing and in a manner consistent with due process.
836	(7)  FEES.--
837	(a)  The examining committee and any attorney appointed
838	under subsection (2) are entitled to reasonable fees to be
839	determined by the court.
840	(b)  The fees awarded under paragraph (a) shall be paid by
841	the guardian from the property of the ward or, if the ward is
842	indigent, by the state. The state shall have a creditor's claim
843	against the guardianship property for any amounts paid under
844	this section. The state may file its claim within 90 days after
845	the entry of an order awarding attorney ad litem fees. If the
846	state does not file its claim within the 90-day period, the
847	state is thereafter barred from asserting the claim. Upon
848	petition by the state for payment of the claim, the court shall
849	enter an order authorizing immediate payment out of the property
850	of the ward. The state shall keep a record of the such payments.
851	(c)  If the petition is dismissed, costs and attorney's
852	fees of the proceeding may be assessed against the petitioner if
853	the court finds the petition to have been filed in bad faith.
854	Section 12.  Subsection (4) of section 744.341, Florida
855	Statutes, is renumbered as subsection (5) and a new subsection
856	(4) is added to that section to read:
857	744.341  Voluntary guardianship.--
858	(4)  A guardian must include in the annual report filed
859	with the court a certificate from a licensed physician who
860	examined the ward not more than 90 days before the annual report
861	is filed with the court. The certificate must certify that the
862	ward is competent to understand the nature of the guardianship
863	and of the ward's authority to delegate powers to the voluntary
864	guardian.
865	Section 13.  Subsection (9) is added to section 744.361,
866	Florida Statutes, to read:
867	744.361  Powers and duties of guardian.--
868	(9)  A professional guardian must ensure that each of the
869	guardian's wards is personally visited by the guardian or one of
870	the guardian's professional staff at least once each calendar
871	quarter. During the personal visit, the guardian or the
872	guardian's professional staff person shall assess:
873	(a)  The ward's physical appearance and condition.
874	(b)  The appropriateness of the ward's current living
875	situation.
876	(c)  The need for any additional services and the necessity
877	for continuation of existing services, taking into consideration
878	all aspects of social, psychological, educational, direct
879	service, health, and personal care needs.
880
881	This subsection does not apply to a professional guardian who
882	has been appointed only as guardian of the property.
883	Section 14.  Subsection (2) of section 744.365, Florida
884	Statutes, is amended to read:
885	744.365  Verified inventory.--
886	(2)  CONTENTS.--The verified inventory must include the
887	following:
888	(a)  All property of the ward, real and personal, that has
889	come into the guardian's possession or knowledge, including a
890	statement of all encumbrances, liens, and other secured claims
891	on any item, any claims against the property, and any cause of
892	action accruing to the ward, and any trusts of which the ward is
893	a beneficiary.;
894	(b)  The location of the real and personal property in
895	sufficient detail so that it may be clearly identified or
896	located.; and
897	(c)  A description of all sources of income, including,
898	without limitation, social security benefits and pensions.
899	Section 15.  Subsections (1) and (3) of section 744.367,
900	Florida Statutes, are amended to read:
901	744.367  Duty to file annual guardianship report.--
902	(1)  Unless the court requires filing on a calendar-year
903	basis, each guardian of the person shall file with the court an
904	annual guardianship plan within 90 days after the last day of
905	the anniversary month the letters of guardianship were signed,
906	and the plan must cover the coming fiscal year, ending on the
907	last day in such anniversary month. If the court requires
908	calendar-year filing, the guardianship plan must be filed on or
909	before April 1 of each year within 90 days after the end of the
910	calendar year.
911	(3)  The annual guardianship report of a guardian of the
912	property must consist of an annual accounting, and the annual
913	report of a guardian of the person of an incapacitated person
914	must consist of an annual guardianship plan. The annual report
915	shall be served on the ward, unless the ward is a minor under
916	the age of 14 years or is totally incapacitated, and on the
917	attorney for the ward, if any. The guardian shall provide a copy
918	to any other person as the court may direct.
919	Section 16.  Section 744.3675, Florida Statutes, is amended
920	to read:
921	744.3675  Annual guardianship plan.--Each guardian of the
922	person must file with the court an annual guardianship plan
923	which updates information about the condition of the ward. The
924	annual plan must specify the current needs of the ward and how
925	those needs are proposed to be met in the coming year.
926	(1)  Each plan for an adult ward must, if applicable,
927	include:
928	(a)  Information concerning the residence of the ward,
929	including:
930	1.  The ward's address at the time of filing the plan.;
931	2.  The name and address of each place where the ward was
932	maintained during the preceding year.;
933	3.  The length of stay of the ward at each place.;
934	4.  A statement of whether the current residential setting
935	is best suited for the current needs of the ward.; and
936	5.  Plans for ensuring during the coming year that the ward
937	is in the best residential setting to meet his or her needs.
938	(b)  Information concerning the medical and mental health
939	conditions condition and treatment and rehabilitation needs of
940	the ward, including:
941	1.  A resume of any professional medical treatment given to
942	the ward during the preceding year.;
943	2.  The report of a physician who examined the ward no more
944	than 90 days before the beginning of the applicable reporting
945	period. The Such report must contain an evaluation of the ward's
946	condition and a statement of the current level of capacity of
947	the ward.; and
948	3.  The plan for providing provision of medical, mental
949	health, and rehabilitative services in the coming year.
950	(c)  Information concerning the social condition of the
951	ward, including:
952	1.  The social and personal services currently used
953	utilized by the ward.;
954	2.  The social skills of the ward, including a statement of
955	how well the ward communicates and maintains interpersonal
956	relationships. with others;
957	3.  A description of the ward's activities at communication
958	and visitation; and
959	3.4.  The social needs of the ward.
960	(2)  Each plan filed by the legal guardian of a minor must
961	include:
962	(a)  Information concerning the residence of the minor,
963	including:
964	1.  The minor's address at the time of filing the plan.
965	2.  The name and address of each place the minor lived
966	during the preceding year.
967	(b)  Information concerning the medical and mental health
968	conditions and treatment and rehabilitation needs of the minor,
969	including:
970	1.  A resume of any professional medical treatment given to
971	the minor during the preceding year.
972	2.  A report from the physician who examined the minor no
973	more than 180 days before the beginning of the applicable
974	reporting period that contains an evaluation of the minor's
975	physical and mental conditions.
976	3.  The plan for providing medical services in the coming
977	year.
978	(c)  Information concerning the education of the minor,
979	including:
980	1.  A summary of the school progress report.
981	2.  The social development of the minor, including a
982	statement of how well the minor communicates and maintains
983	interpersonal relationships.
984	3.  The social needs of the minor.
985	(3)(2)  Each plan for an adult ward must address the issue
986	of restoration of rights to the ward and include:
987	(a)  A summary of activities during the preceding year that
988	which were designed to enhance increase the capacity of the
989	ward.;
990	(b)  A statement of whether the ward can have any rights
991	restored.; and
992	(c)  A statement of whether restoration of any rights will
993	be sought.
994	(4)(3)  The court, in its discretion, may require
995	reexamination of the ward by a physician at any time.
996	Section 17.  Subsections (2) and (3) of section 744.3678,
997	Florida Statutes, are amended to read:
998	744.3678  Annual accounting.--
999	(2)  The annual accounting must include:
1000	(a)  A full and correct account of the receipts and
1001	disbursements of all of the ward's property over which the
1002	guardian has control and a statement of the ward's property on
1003	hand at the end of the accounting period. This paragraph does
1004	not apply to any property or any trust of which the ward is a
1005	beneficiary but which is not under the control or administration
1006	of the guardian.
1007	(b)  A copy of the annual or year-end statement of all of
1008	the ward's cash accounts from each of the institutions where the
1009	cash is deposited.
1010	(3)  The guardian must obtain a receipt, or canceled check,
1011	or other proof of payment for all expenditures and disbursements
1012	made on behalf of the ward. The guardian must preserve all
1013	evidence of payment the receipts and canceled checks, along with
1014	other substantiating papers, for a period of 3 years after his
1015	or her discharge. The receipts, proofs of payment checks, and
1016	substantiating papers need not be filed with the court but shall
1017	be made available for inspection and review at the such time and
1018	in such place and before the such persons as the court may from
1019	time to time order.
1020	Section 18.  Section 744.3679, Florida Statutes, is amended
1021	to read:
1022	744.3679  Simplified accounting procedures in certain
1023	cases.--
1024	(1)  In a guardianship of property, when all assets of the
1025	estate are in designated depositories under s. 69.031 and the
1026	only transactions that occur in that account are interest
1027	accrual, deposits from a pursuant to settlement, or financial
1028	institution service charges, the guardian may elect to file an
1029	accounting consisting of:
1030	(a)  The original or a certified copy of the year-end
1031	statement of the ward's account from the financial institution;
1032	and
1033	(b)  A statement by the guardian under penalty of perjury
1034	that the guardian has custody and control of the ward's property
1035	as shown in the year-end statement.
1036	(2)  The clerk has no responsibility to monitor or audit
1037	the accounts and may not accept a fee for doing so.
1038	(2)(3)  The accounting allowed by subsection (1) is in lieu
1039	of the accounting and auditing procedures under s. 744.3678(2)
1040	ss. 744.3678 and 744.368(1)(f). However, any interested party
1041	may seek judicial review as provided in s. 744.3685.
1042	(3)(4)  The guardian need not be represented by an attorney
1043	in order to file the annual accounting allowed by subsection
1044	(1).
1045	Section 19.  Subsection (3) of section 744.368, Florida
1046	Statutes, is amended to read:
1047	744.368  Responsibilities of the clerk of the circuit
1048	court.--
1049	(3)  Within 90 days after the filing of the verified
1050	inventory and accountings initial or annual guardianship report
1051	by a guardian of the property, the clerk shall audit the
1052	verified inventory and or the accountings annual accounting. The
1053	clerk shall advise the court of the results of the audit.
1054	Section 20.  Subsection (19) of section 744.441, Florida
1055	Statutes, is amended to read:
1056	744.441  Powers of guardian upon court approval.--After
1057	obtaining approval of the court pursuant to a petition for
1058	authorization to act, a plenary guardian of the property, or a
1059	limited guardian of the property within the powers granted by
1060	the order appointing the guardian or an approved annual or
1061	amended guardianship report, may:
1062	(19)  Create or amend revocable trusts or create
1063	irrevocable trusts of property of the ward's estate which may
1064	extend beyond the disability or life of the ward in connection
1065	with estate, gift, income, or other tax planning or in
1066	connection with estate planning. The court shall retain
1067	oversight of the assets transferred to a trust, unless otherwise
1068	ordered by the court.
1069	Section 21.  Section 744.442, Florida Statutes, is created
1070	to read:
1071	744.442  Delegation of authority.--
1072	(1)  A guardian may designate a surrogate guardian to
1073	exercise the powers of the guardian if the guardian is
1074	unavailable to act. A person designated as a surrogate guardian
1075	under this section must be a professional guardian.
1076	(2)(a)  A guardian must file a petition with the court
1077	requesting permission to designate a surrogate guardian.
1078	(b)  If the court approves the designation, the order must
1079	specify the name and business address of the surrogate guardian
1080	and the duration of appointment, which may not exceed 30 days.
1081	The court may extend the appointment for good cause shown. The
1082	surrogate guardian may exercise all powers of the guardian
1083	unless limited by order of the court. The surrogate guardian
1084	must file with the court an oath swearing or affirming that he
1085	or she will faithfully perform the duties delegated. The court
1086	may require the surrogate guardian to post a bond.
1087	(3)  This section does not limit the responsibility of the
1088	guardian to the ward and to the court. The guardian is liable
1089	for the acts of the surrogate guardian. The guardian may
1090	terminate the authority of the surrogate guardian by filing a
1091	written notice of the termination with the court.
1092	(4)  The surrogate guardian is subject to the jurisdiction
1093	of the court as if appointed to serve as guardian.
1094	Section 22.  Paragraphs (c), (e), and (f) of subsection (2)
1095	and subsection (4) of section 744.464, Florida Statutes, are
1096	amended to read:
1097	744.464  Restoration to capacity.--
1098	(2)  SUGGESTION OF CAPACITY.--
1099	(c)  The court shall immediately send notice of the filing
1100	of the suggestion of capacity to the ward, the guardian, the
1101	attorney for the ward, if any, the state attorney, and any other
1102	interested persons designated by the court. Formal notice must
1103	be served on the guardian. Informal notice may be served on
1104	other persons. Notice need not be served on the person who filed
1105	the suggestion of capacity.
1106	(e)  If an objection is timely filed, or if the medical
1107	examination suggests that full restoration is not appropriate,
1108	the court shall set the matter for hearing. If the ward does not
1109	have an attorney, the court shall appoint one to represent the
1110	ward.
1111	(f)  Notice of the hearing and copies of the objections and
1112	medical examination reports shall be served upon the ward, the
1113	ward's attorney, the guardian, the state attorney, the ward's
1114	next of kin, and any other interested persons as directed by the
1115	court.
1116	(4)  TIME LIMITATION FOR FILING SUGGESTION OF
1117	CAPACITY.--Notwithstanding this section, a suggestion of
1118	capacity may not be filed within 90 days after an adjudication
1119	of incapacity or denial of restoration, unless good cause is
1120	shown.
1121	Section 23.  Paragraph (a) of subsection (19) of section
1122	744.474, Florida Statutes, is amended, and paragraph (b) of that
1123	subsection is redesignated as subsection (20) of that section
1124	and amended, to read:
1125	744.474  Reasons for removal of guardian.--A guardian may
1126	be removed for any of the following reasons, and the removal
1127	shall be in addition to any other penalties prescribed by law:
1128	(19)  Upon a showing by a person who did not receive notice
1129	of the petition for adjudication of incapacity, when such notice
1130	is required, or who is related to the ward within the
1131	relationships specified for nonresident relatives in ss.
1132	744.309(2) and 744.312(2) and who has not previously been
1133	rejected by the court as a guardian that:
1134	(a)  the current guardian is not a family member; and
1135	subsection (20) applies.
1136	(20)(b)  Upon a showing that removal of the current
1137	guardian is in the best interest of the ward. In determining
1138	whether a guardian who is related by blood or marriage to the
1139	ward is to be removed, there shall be a rebuttable presumption
1140	that the guardian is acting in the best interests of the ward,
1141
1142	the court may remove the current guardian and appoint the
1143	petitioner, or such person as the court deems in the best
1144	interest of the ward, either as guardian of the person or of the
1145	property, or both.
1146	Section 24.  Section 744.511, Florida Statutes, is amended
1147	to read:
1148	744.511  Accounting upon removal.--A removed guardian shall
1149	file with the court a true, complete, and final report of his or
1150	her guardianship within 20 days after removal and shall serve a
1151	copy on the successor guardian and the ward, unless the ward is
1152	a minor under 14 years of age or has been determined to be
1153	totally incapacitated.
1154	Section 25.  Section 744.527, Florida Statutes, is amended
1155	to read:
1156	744.527  Final reports and application for discharge;
1157	hearing.--
1158	(1)  When the court terminates the guardianship for any of
1159	the reasons set forth in s. 744.521, the guardian shall promptly
1160	file his or her final report. If the ward has died, the guardian
1161	must file a final report with the court no later than 45 days
1162	after he or she has been served with letters of administration
1163	or letters of curatorship. If no objections are filed and if it
1164	appears that the guardian has made full and complete
1165	distribution to the person entitled and has otherwise faithfully
1166	discharged his or her duties, the court shall approve the final
1167	report. If objections are filed, the court shall conduct a
1168	hearing in the same manner as provided for a hearing on
1169	objections to annual guardianship reports.
1170	(2)  The guardian applying for discharge may is authorized
1171	to retain from the funds in his or her possession a sufficient
1172	amount to pay the final costs of administration, including
1173	guardian and attorney's fees regardless of the death of the
1174	ward, accruing between the filing of his or her final returns
1175	and the order of discharge.
1176	Section 26.  Subsection (3) of section 744.528, Florida
1177	Statutes, is amended to read:
1178	744.528  Discharge of guardian named as personal
1179	representative.--
1180	(3)  Any interested person may file a notice of The court
1181	shall set a hearing on any objections filed by the
1182	beneficiaries. Notice of the hearing must shall be served upon
1183	the guardian, beneficiaries of the ward's estate, and any other
1184	person to whom the court directs service. If a notice of hearing
1185	on the objections is not served within 90 days after filing of
1186	the objections, the objections are deemed abandoned.
1187	Section 27.  Subsections (5) through (8) of section
1188	744.708, Florida Statutes, are amended to read:
1189	744.708  Reports and standards.--
1190	(5)(a)  Each office of public guardian shall undergo an
1191	independent audit by a qualified certified public accountant
1192	shall be performed at least once every 2 years. The audit should
1193	include an investigation into the practices of the office for
1194	managing the person and property of the wards. A copy of the
1195	audit report shall be submitted to the Statewide Public
1196	Guardianship Office.
1197	(b)  In addition to regular monitoring activities, the
1198	Statewide Public Guardianship Office shall conduct an
1199	investigation into the practices of each office of public
1200	guardian related to the managing of each ward's personal affairs
1201	and property. When feasible, the investigation required under
1202	this paragraph shall be conducted in conjunction with the
1203	financial audit of each office of public guardian under
1204	paragraph (a).
1205	(c)  In addition, each the office of public guardian shall
1206	be subject to audits or examinations by the Auditor General and
1207	the Office of Program Policy Analysis and Government
1208	Accountability pursuant to law.
1209	(6)  A The public guardian shall ensure that each of the
1210	guardian's wards is personally visited ward is seen by the
1211	public guardian or by one of the guardian's a professional staff
1212	person at least once each calendar quarter four times a year.
1213	During this personal visit, the public guardian or the
1214	professional staff person shall assess:
1215	(a)  The ward's physical appearance and condition.
1216	(b)  The appropriateness of the ward's current living
1217	situation.
1218	(c)  The need for any additional services and the necessity
1219	for continuation of existing services, taking into consideration
1220	all aspects of social, psychological, educational, direct
1221	service, health, and personal care needs.
1222	(7)  The ratio for professional staff to wards shall be 1
1223	professional to 40 wards. The Statewide Public Guardianship
1224	Office may increase or decrease the ratio after consultation
1225	with the local public guardian and the chief judge of the
1226	circuit court. The basis of the decision to increase or decrease
1227	the prescribed ratio shall be reported in the annual report to
1228	the Secretary of Elderly Affairs, the Governor, the President of
1229	the Senate, the Speaker of the House of Representatives, and the
1230	Chief Justice of the Supreme Court.
1231	(8)  The term "professional," for purposes of this part,
1232	shall not include the public guardian nor the executive director
1233	of the Statewide Public Guardianship Office. The term
1234	"professional" shall be limited to those persons who exercise
1235	direct supervision of individual wards under the direction of
1236	the public guardian.
1237	Section 28.  Paragraph (a) of subsection (5) of section
1238	765.101, Florida Statutes, is amended to read:
1239	765.101  Definitions.--As used in this chapter:
1240	(5)  "Health care decision" means:
1241	(a)  Informed consent, refusal of consent, or withdrawal of
1242	consent to any and all health care, including life-prolonging
1243	procedures and mental health treatment, unless otherwise stated
1244	in the advance directives.
1245	Section 29.  Paragraph (c) of subsection (8) of section
1246	121.091, Florida Statutes, is amended to read:
1247	121.091  Benefits payable under the system.--Benefits may
1248	not be paid under this section unless the member has terminated
1249	employment as provided in s. 121.021(39)(a) or begun
1250	participation in the Deferred Retirement Option Program as
1251	provided in subsection (13), and a proper application has been
1252	filed in the manner prescribed by the department. The department
1253	may cancel an application for retirement benefits when the
1254	member or beneficiary fails to timely provide the information
1255	and documents required by this chapter and the department's
1256	rules. The department shall adopt rules establishing procedures
1257	for application for retirement benefits and for the cancellation
1258	of such application when the required information or documents
1259	are not received.
1260	(8)  DESIGNATION OF BENEFICIARIES.--
1261	(c)  Notwithstanding the member's designation of benefits
1262	to be paid through a trust to a beneficiary that is a natural
1263	person as provided in s. 121.021(46), and notwithstanding the
1264	provisions of the trust, benefits shall be paid directly to the
1265	beneficiary if the such person is no longer a minor or an
1266	incapacitated person as defined in s. 744.102(11) and (12).
1267	Section 30.  Paragraph (c) of subsection (20) of section
1268	121.4501, Florida Statutes, is amended to read:
1269	121.4501  Public Employee Optional Retirement Program.--
1270	(20)  DESIGNATION OF BENEFICIARIES.--
1271	(c)  Notwithstanding the participant's designation of
1272	benefits to be paid through a trust to a beneficiary that is a
1273	natural person, and notwithstanding the provisions of the trust,
1274	benefits shall be paid directly to the beneficiary if the such
1275	person is no longer a minor or an incapacitated person as
1276	defined in s. 744.102(11) and (12).
1277	Section 31.  Subsection (1) and paragraphs (b), (d), and
1278	(f) of subsection (4) of section 709.08, Florida Statutes, are
1279	amended to read:
1280	709.08  Durable power of attorney.--
1281	(1)  CREATION OF DURABLE POWER OF ATTORNEY.--A durable
1282	power of attorney is a written power of attorney by which a
1283	principal designates another as the principal's attorney in
1284	fact. The durable power of attorney must be in writing, must be
1285	executed with the same formalities required for the conveyance
1286	of real property by Florida law, and must contain the words:
1287	"This durable power of attorney is not affected by subsequent
1288	incapacity of the principal except as provided in s. 709.08,
1289	Florida Statutes"; or similar words that show the principal's
1290	intent that the authority conferred is exercisable
1291	notwithstanding the principal's subsequent incapacity, except as
1292	otherwise provided by this section. The durable power of
1293	attorney is exercisable as of the date of execution; however, if
1294	the durable power of attorney is conditioned upon the
1295	principal's lack of capacity to manage property as defined in s.
1296	744.102(12)(11)(a), the durable power of attorney is exercisable
1297	upon the delivery of affidavits in paragraphs (4)(c) and (d) to
1298	the third party.
1299	(4)  PROTECTION WITHOUT NOTICE; GOOD FAITH ACTS;
1300	AFFIDAVITS.--
1301	(b)  Any third party may rely upon the authority granted in
1302	a durable power of attorney that is conditioned on the
1303	principal's lack of capacity to manage property as defined in s.
1304	744.102(12)(11)(a) only after receiving the affidavits provided
1305	in paragraphs (c) and (d), and such reliance shall end when the
1306	third party has received notice as provided in subsection (5).
1307	(d)  A determination that a principal lacks the capacity to
1308	manage property as defined in s. 744.102(12)(11)(a) must be made
1309	and evidenced by the affidavit of a physician licensed to
1310	practice medicine pursuant to chapters 458 and 459 as of the
1311	date of the affidavit. A judicial determination that the
1312	principal lacks the capacity to manage property pursuant to
1313	chapter 744 is not required prior to the determination by the
1314	physician and the execution of the affidavit. For purposes of
1315	this section, the physician executing the affidavit must be the
1316	primary physician who has responsibility for the treatment and
1317	care of the principal. The affidavit executed by a physician
1318	must state where the physician is licensed to practice medicine,
1319	that the physician is the primary physician who has
1320	responsibility for the treatment and care of the principal, and
1321	that the physician believes that the principal lacks the
1322	capacity to manage property as defined in s. 744.102(12)(11)(a).
1323	The affidavit may, but need not, be in the following form:
1324
1325	STATE OF_______________
1326	COUNTY OF_______________
1327
1328	Before me, the undersigned authority, personally appeared
1329	(name of physician)  , Affiant, who swore or affirmed that:
1330	1.  Affiant is a physician licensed to practice medicine in
1331	(name of state, territory, or foreign country)  .
1332	2.  Affiant is the primary physician who has responsibility
1333	for the treatment and care of   (principal's name)  .
1334	3.  To the best of Affiant's knowledge after reasonable
1335	inquiry, Affiant believes that the principal lacks the capacity
1336	to manage property, including taking those actions necessary to
1337	obtain, administer, and dispose of real and personal property,
1338	intangible property, business property, benefits, and income.
1339
1340
1341	____________________
1342	(Affiant)
1343
1344	Sworn to (or affirmed) and subscribed before me this   (day
1345	of)     (month)  ,   (year)  , by   (name of person making
1346	statement)
1347
1348	(Signature of Notary Public-State of Florida)
1349
1350	(Print, Type, or Stamp Commissioned Name of Notary Public)
1351
1352	Personally Known OR Produced Identification
1353	(Type of Identification Produced)
1354	(f)  A third party may not rely on the authority granted in
1355	a durable power of attorney conditioned on the principal's lack
1356	of capacity to manage property as defined in s.
1357	744.102(12)(11)(a) when any affidavit presented has been
1358	executed more than 6 months prior to the first presentation of
1359	the durable power of attorney to the third party.
1360	Section 32.  Subsection (3) of section 744.1085, Florida
1361	Statutes, is amended to read:
1362	744.1085  Regulation of professional guardians;
1363	application; bond required; educational requirements.--
1364	(3)  Each professional guardian defined in s.
1365	744.102(17)(16) and public guardian must receive a minimum of 40
1366	hours of instruction and training. Each professional guardian
1367	must receive a minimum of 16 hours of continuing education every
1368	2 calendar years after the year in which the initial 40-hour
1369	educational requirement is met. The instruction and education
1370	must be completed through a course approved or offered by the
1371	Statewide Public Guardianship Office. The expenses incurred to
1372	satisfy the educational requirements prescribed in this section
1373	may not be paid with the assets of any ward. This subsection
1374	does not apply to any attorney who is licensed to practice law
1375	in this state.
1376	Section 33.  For the purpose of incorporating the amendment
1377	made by this act to section 744.3215, Florida Statutes, in a
1378	reference thereto, subsection (4) of section 117.107, Florida
1379	Statutes, is reenacted to read:
1380	117.107  Prohibited acts.--
1381	(4)  A notary public may not take the acknowledgment of or
1382	administer an oath to a person whom the notary public actually
1383	knows to have been adjudicated mentally incapacitated by a court
1384	of competent jurisdiction, where the acknowledgment or oath
1385	necessitates the exercise of a right that has been removed
1386	pursuant to s. 744.3215(2) or (3), and where the person has not
1387	been restored to capacity as a matter of record.
1388	Section 34.  This act shall take effect July 1, 2006.

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