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CS/CS/HB 457: Guardianship

GENERAL BILL by Sands ; (CO-INTRODUCERS) Bullard ; Goldstein ; Seiler

Guardianship; revises provisions re identification info. provided by professional guardians for registration; authorizes revocation or suspension of professional guardian's registration; provides that in event of death, surviving parent is sole natural guardian of minor; increases time emergency temporary guardian may serve; provides procedures for completing guardian's criminal history record check, etc. Amends FS.

Effective Date: 07/01/2006
Last Action: 6/12/2006 - Approved by Governor; Chapter No. 2006-178; See also HB 459 (Ch. 2006-179)
Bill Text: Web Page | PDF

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  • Bill History

    Date Chamber Action
    11/29/2005 House • Filed
    12/23/2005 House • Referred to Future of Florida's Families (HFC); Civil Justice (JC); Justice Appropriations (FC); Health & Families Council
    12/30/2005 House • Original reference(s) removed: Justice Appropriations (FC); Referred to- Future of Florida's Families (HFC); Civil Justice (JC); Judiciary Appropriations (FC); Health & Families Council
    3/7/2006 House • Introduced, referred to Future of Florida's Families (HFC); Civil Justice (JC); Justice Appropriations (FC); Health & Families Council -HJ 00042; Original reference(s) removed: Justice Appropriations (FC) -HJ 00132; Referred to- Future of Florida's Families (HFC); Civil Justice (JC); Judiciary Appropriations (FC); Health & Families Council -HJ 00132
    3/24/2006 House • On Committee agenda-- Future of Florida's Families (HFC), 03/28/06, 10:30 am, 12-H
    3/28/2006 House • Favorable with CS amendment by Future of Florida's Families (HFC); YEAS 7 NAYS 0 -HJ 00315
    3/30/2006 House • Pending review of CS under Rule 6.3(b); Now in Civil Justice (JC) -HJ 00315
    3/31/2006 House • On Committee agenda-- Civil Justice (JC), 04/04/06, 10:15 am, 24-H
    4/4/2006 House • Favorable with CS amendment by Civil Justice (JC); YEAS 7 NAYS 0 -HJ 00348
    4/5/2006 House • Pending review of CS under Rule 6.3(b)
    4/6/2006 House • Now in Judiciary Appropriations (FC) -HJ 00348
    4/24/2006 House • Withdrawn from Judiciary Appropriations (FC) -HJ 00558; Now in Health & Families Council; On Council agenda-- Health & Families Council, 04/25/06, 9:00 am, Reed Hall
    4/25/2006 House • Favorable by- Health & Families Council; YEAS 6 NAYS 0 -HJ 00628; Placed on Calendar -HJ 00628
    4/28/2006 House • Placed on Special Order Calendar; Read second time -HJ 00890; Amendment(s) adopted -HJ 00892; Ordered engrossed -HJ 00900
    5/2/2006 House • Read third time -HJ 01021; Amendment(s) adopted -HJ 01021; Passed as amended; YEAS 117 NAYS 0 -HJ 01022
    5/2/2006 Senate • In Messages; Received, referred to Judiciary; Criminal Justice; Justice Appropriations -SJ 00830
    5/4/2006 Senate • Withdrawn from Judiciary; Criminal Justice; Justice Appropriations -SJ 01047; Substituted for CS/CS/SB 472 -SJ 01047; Read second time -SJ 01047; Amendment(s) adopted -SJ 01047; Read third time -SJ 01048; Passed as amended; YEAS 38 NAYS 0 -SJ 01048
    5/4/2006 House • In returning messages
    5/5/2006 House • Concurred -HJ 01340; Passed as amended; YEAS 119 NAYS 0 -HJ 01342; Ordered engrossed, then enrolled -HJ 01342
    6/5/2006 • Signed by Officers and presented to Governor
    6/12/2006 • Approved by Governor; Chapter No. 2006-178; See also HB 459 (Ch. 2006-179)

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  • CS/CS/HB 457, Enrolled (Current Bill Version) Posted 5/8/2006 at 2:57 PM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Related Bills (4)

    Bill Number Subject Filed By Relationship Last Action and Location
    H 459 (e1) Sands Linked Last Action: 6/12/2006 Approved by Governor; Chapter No. 2006-179; See also HB 457 (Ch. 2006-178)
    Location:
    S 472 (e1) Guardianship Saunders Similar Last Action: 5/4/2006 S Read third time -SJ 01046; Amendment(s) adopted -SJ 01047; Substituted HB 457 -SJ 01047; Laid on Table, Link/Iden/Sim/Compare passed, refer to HB 457 (Ch. 2006-178), HB 459 (Ch. 2006-179)
    Location:
    S 474 (c1) Statewide Guardianship Off./Pub. Rec Saunders Compare Last Action: 5/2/2006 S Placed on Special Order Calendar -SJ 00827; Substituted HB 459 -SJ 00764; Laid on Table, Link/Iden/Sim/Compare passed, refer to HB 459 (Ch. 2006-179), HB 457 (Ch. 2006-178)
    Location:
    S 476 (c1) Guardians/Background History Saunders Compare Last Action: 5/5/2006 S Died on Calendar, Link/Iden/Sim/Compare passed, refer to HB 457 (Ch. 2006-178)
    Location:

    Citations - Statutes (33)

    Citation Catchline Location in Bill Location In Bill Help
    117.107 Prohibited acts.
    121.091 Benefits payable under the system.
    121.4501 Public Employee Optional Retirement Program.
    709.08 Durable power of attorney.
    744.102 Definitions.
    744.1083 Professional guardian registration.
    744.1085 Regulation of professional guardians; application; bond required; educational requirements.
    744.301 Natural guardians.
    744.3025
    744.3031 Emergency temporary guardianship.
    744.304 Standby guardianship.
    744.3115 Advance directives for health care.
    744.3135 Credit and criminal investigation.
    744.3145 Guardian education requirements.
    744.3215 Rights of persons determined incapacitated.
    744.331 Procedures to determine incapacity.
    744.341 Voluntary guardianship.
    744.361 Powers and duties of guardian.
    744.365 Verified inventory.
    744.367 Duty to file annual guardianship report.
    744.3675 Annual guardianship plan.
    744.3678 Annual accounting.
    744.3679 Simplified accounting procedures in certain cases.
    744.368 Responsibilities of the clerk of the circuit court.
    744.441 Powers of guardian upon court approval.
    744.442
    744.464 Restoration to capacity.
    744.474 Reasons for removal of guardian.
    744.511 Accounting upon removal.
    744.527 Final reports and application for discharge; hearing.
    744.528 Discharge of guardian named as personal representative.
    744.708 Reports and standards.
    765.101 Definitions.

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  • CS/CS/HB 457, Engrossed 3 Posted 5/5/2006 at 3:19 PM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Citations - Statutes (33)

    Citation Catchline Location in Bill Location In Bill Help
    117.107 Prohibited acts.
    121.091 Benefits payable under the system.
    121.4501 Public Employee Optional Retirement Program.
    709.08 Durable power of attorney.
    744.102 Definitions.
    744.1083 Professional guardian registration.
    744.1085 Regulation of professional guardians; application; bond required; educational requirements.
    744.301 Natural guardians.
    744.3025
    744.3031 Emergency temporary guardianship.
    744.304 Standby guardianship.
    744.3115 Advance directives for health care.
    744.3135 Credit and criminal investigation.
    744.3145 Guardian education requirements.
    744.3215 Rights of persons determined incapacitated.
    744.331 Procedures to determine incapacity.
    744.341 Voluntary guardianship.
    744.361 Powers and duties of guardian.
    744.365 Verified inventory.
    744.367 Duty to file annual guardianship report.
    744.3675 Annual guardianship plan.
    744.3678 Annual accounting.
    744.3679 Simplified accounting procedures in certain cases.
    744.368 Responsibilities of the clerk of the circuit court.
    744.441 Powers of guardian upon court approval.
    744.442
    744.464 Restoration to capacity.
    744.474 Reasons for removal of guardian.
    744.511 Accounting upon removal.
    744.527 Final reports and application for discharge; hearing.
    744.528 Discharge of guardian named as personal representative.
    744.708 Reports and standards.
    765.101 Definitions.

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  • CS/CS/HB 457, Engrossed 2 Posted 5/2/2006 at 3:44 PM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Floor Amendments (2)

    Amendment Sponsor Filed Last Floor Action Format
    545318 - Amendment
    Saunders 5/3/2006
    7:25 PM
    Senate: Withdrawn
    5/4/2006
    Web Page
    PDF
    560218 - Amendment
    Saunders 5/4/2006
    10:23 AM
    Senate: Adopted
    5/4/2006
    Web Page
    PDF

    Floor Votes (2)

    Date Chamber Result
    5/4/2006 1:08 PM Senate 38 Yeas - 0 Nays
    5/5/2006 11:59 AM House 119 Yeas - 0 Nays

    Citations - Statutes (33)

    Citation Catchline Location in Bill Location In Bill Help
    117.107 Prohibited acts.
    121.091 Benefits payable under the system.
    121.4501 Public Employee Optional Retirement Program.
    709.08 Durable power of attorney.
    744.102 Definitions.
    744.1083 Professional guardian registration.
    744.1085 Regulation of professional guardians; application; bond required; educational requirements.
    744.301 Natural guardians.
    744.3025
    744.3031 Emergency temporary guardianship.
    744.304 Standby guardianship.
    744.3115 Advance directives for health care.
    744.3135 Credit and criminal investigation.
    744.3145 Guardian education requirements.
    744.3215 Rights of persons determined incapacitated.
    744.331 Procedures to determine incapacity.
    744.341 Voluntary guardianship.
    744.361 Powers and duties of guardian.
    744.365 Verified inventory.
    744.367 Duty to file annual guardianship report.
    744.3675 Annual guardianship plan.
    744.3678 Annual accounting.
    744.3679 Simplified accounting procedures in certain cases.
    744.368 Responsibilities of the clerk of the circuit court.
    744.441 Powers of guardian upon court approval.
    744.442
    744.464 Restoration to capacity.
    744.474 Reasons for removal of guardian.
    744.511 Accounting upon removal.
    744.527 Final reports and application for discharge; hearing.
    744.528 Discharge of guardian named as personal representative.
    744.708 Reports and standards.
    765.101 Definitions.

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  • CS/CS/HB 457, Engrossed 1 Posted 4/28/2006 at 7:58 PM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Floor Amendments (4)

    Amendment Sponsor Filed Last Floor Action Format
    213563 - Amendment
    Sands 5/1/2006
    10:20 AM
    Web Page
    PDF
    070535 - Amendment
    Sands 5/1/2006
    10:20 AM
    Web Page
    PDF
    739225 - Amendment
    Sands 5/1/2006
    10:20 AM
    Web Page
    PDF
    817301 - Amendment
    Sands 5/1/2006
    10:20 AM
    Web Page
    PDF

    Floor Votes (1)

    Date Chamber Result
    5/2/2006 11:14 AM House 117 Yeas - 0 Nays

    Citations - Statutes (33)

    Citation Catchline Location in Bill Location In Bill Help
    117.107 Prohibited acts.
    121.091 Benefits payable under the system.
    121.4501 Public Employee Optional Retirement Program.
    709.08 Durable power of attorney.
    744.102 Definitions.
    744.1083 Professional guardian registration.
    744.1085 Regulation of professional guardians; application; bond required; educational requirements.
    744.301 Natural guardians.
    744.3025
    744.3031 Emergency temporary guardianship.
    744.304 Standby guardianship.
    744.3115 Advance directives for health care.
    744.3135 Credit and criminal investigation.
    744.3145 Guardian education requirements.
    744.3215 Rights of persons determined incapacitated.
    744.331 Procedures to determine incapacity.
    744.341 Voluntary guardianship.
    744.361 Powers and duties of guardian.
    744.365 Verified inventory.
    744.367 Duty to file annual guardianship report.
    744.3675 Annual guardianship plan.
    744.3678 Annual accounting.
    744.3679 Simplified accounting procedures in certain cases.
    744.368 Responsibilities of the clerk of the circuit court.
    744.441 Powers of guardian upon court approval.
    744.442
    744.464 Restoration to capacity.
    744.474 Reasons for removal of guardian.
    744.511 Accounting upon removal.
    744.527 Final reports and application for discharge; hearing.
    744.528 Discharge of guardian named as personal representative.
    744.708 Reports and standards.
    765.101 Definitions.

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  • CS/CS/HB 457, Committee Substitute 2 Posted 4/5/2006 at 3:33 PM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Floor Amendments (2)

    Amendment Sponsor Filed Last Floor Action Format
    875471 - Amendment
    Sands 4/27/2006
    12:30 PM
    Web Page
    PDF
    247703 - Amendment
    Sands 4/28/2006
    12:06 AM
    Web Page
    PDF

    Citations - Statutes (33)

    Citation Catchline Location in Bill Location In Bill Help
    117.107 Prohibited acts.
    121.091 Benefits payable under the system.
    121.4501 Public Employee Optional Retirement Program.
    709.08 Durable power of attorney.
    744.102 Definitions.
    744.1083 Professional guardian registration.
    744.1085 Regulation of professional guardians; application; bond required; educational requirements.
    744.301 Natural guardians.
    744.3025
    744.3031 Emergency temporary guardianship.
    744.304 Standby guardianship.
    744.3115 Advance directives for health care.
    744.3135 Credit and criminal investigation.
    744.3145 Guardian education requirements.
    744.3215 Rights of persons determined incapacitated.
    744.331 Procedures to determine incapacity.
    744.341 Voluntary guardianship.
    744.361 Powers and duties of guardian.
    744.365 Verified inventory.
    744.367 Duty to file annual guardianship report.
    744.3675 Annual guardianship plan.
    744.3678 Annual accounting.
    744.3679 Simplified accounting procedures in certain cases.
    744.368 Responsibilities of the clerk of the circuit court.
    744.441 Powers of guardian upon court approval.
    744.442
    744.464 Restoration to capacity.
    744.474 Reasons for removal of guardian.
    744.511 Accounting upon removal.
    744.527 Final reports and application for discharge; hearing.
    744.528 Discharge of guardian named as personal representative.
    744.708 Reports and standards.
    765.101 Definitions.

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  • CS/HB 457, Committee Substitute 1 Posted 3/30/2006 at 1:59 PM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Citations - Statutes (33)

    Citation Catchline Location in Bill Location In Bill Help
    117.107 Prohibited acts.
    121.091 Benefits payable under the system.
    121.4501 Public Employee Optional Retirement Program.
    709.08 Durable power of attorney.
    744.102 Definitions.
    744.1083 Professional guardian registration.
    744.1085 Regulation of professional guardians; application; bond required; educational requirements.
    744.301 Natural guardians.
    744.3025
    744.3031 Emergency temporary guardianship.
    744.304 Standby guardianship.
    744.3115 Advance directives for health care.
    744.3135 Credit and criminal investigation.
    744.3145 Guardian education requirements.
    744.3215 Rights of persons determined incapacitated.
    744.331 Procedures to determine incapacity.
    744.341 Voluntary guardianship.
    744.361 Powers and duties of guardian.
    744.365 Verified inventory.
    744.367 Duty to file annual guardianship report.
    744.3675 Annual guardianship plan.
    744.3678 Annual accounting.
    744.3679 Simplified accounting procedures in certain cases.
    744.368 Responsibilities of the clerk of the circuit court.
    744.441 Powers of guardian upon court approval.
    744.442
    744.464 Restoration to capacity.
    744.474 Reasons for removal of guardian.
    744.511 Accounting upon removal.
    744.527 Final reports and application for discharge; hearing.
    744.528 Discharge of guardian named as personal representative.
    744.708 Reports and standards.
    765.101 Definitions.

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  • HB 457, Original Filed Version Posted 11/29/2005 at 4:16 PM

    Bill Text:   Web Page | PDF
    Analyses:   Civil Justice Committee (Post-Meeting) (pdf)
    Civil Justice Committee (Post-Meeting) (pdf)
    Future of Florida's Families Committee (Post-Meeting) (pdf)
    Future of Florida's Families Committee (Post-Meeting) (pdf)
    Health & Families Council (Post-Meeting) (pdf)
    Health & Families Council (Post-Meeting) (pdf)
    Justice Appropriations Committee (Post-Meeting) (pdf)

    Citations - Statutes (33)

    Citation Catchline Location in Bill Location In Bill Help
    117.107 Prohibited acts.
    121.091 Benefits payable under the system.
    121.4501 Public Employee Optional Retirement Program.
    709.08 Durable power of attorney.
    744.102 Definitions.
    744.1083 Professional guardian registration.
    744.1085 Regulation of professional guardians; application; bond required; educational requirements.
    744.301 Natural guardians.
    744.3025
    744.3031 Emergency temporary guardianship.
    744.304 Standby guardianship.
    744.3115 Advance directives for health care.
    744.3135 Credit and criminal investigation.
    744.3145 Guardian education requirements.
    744.3215 Rights of persons determined incapacitated.
    744.331 Procedures to determine incapacity.
    744.341 Voluntary guardianship.
    744.361 Powers and duties of guardian.
    744.365 Verified inventory.
    744.367 Duty to file annual guardianship report.
    744.3675 Annual guardianship plan.
    744.3678 Annual accounting.
    744.3679 Simplified accounting procedures in certain cases.
    744.368 Responsibilities of the clerk of the circuit court.
    744.441 Powers of guardian upon court approval.
    744.442
    744.464 Restoration to capacity.
    744.474 Reasons for removal of guardian.
    744.511 Accounting upon removal.
    744.527 Final reports and application for discharge; hearing.
    744.528 Discharge of guardian named as personal representative.
    744.708 Reports and standards.
    765.101 Definitions.

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