Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2040
                        Barcode 965628
                            CHAMBER ACTION
              Senate                               House
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       04/10/2007 02:04 PM         .                    
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11  The Committee on Judiciary (Fasano) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 744.3135, Florida Statutes, is
19  amended to read:
20         744.3135  Credit and criminal investigation.--
21         (1)  The court may require a nonprofessional guardian
22  and shall require a professional or public guardian, and all
23  employees of a professional guardian who have a fiduciary
24  responsibility to a ward, to submit, at their own expense, to
25  an investigation of the guardian's credit history and to
26  undergo level 2 background screening as required under s.
27  435.04. If a credit or criminal history record check is
28  required, the court must consider the results of any
29  investigation before appointing a guardian. At any time, the
30  court may require a guardian or the guardian's employees to
31  submit to an investigation of the person's credit history and
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2040 Barcode 965628 1 complete a level 1 background screening as set forth in s. 2 435.03. The court shall consider the results of any 3 investigation when reappointing a guardian. The clerk of the 4 court shall maintain a file on each guardian appointed by the 5 court and retain in the file documentation of the result of 6 any investigation conducted under this section. A professional 7 guardian must pay the clerk of the court a fee of up to $7.50 8 for handling and processing professional guardian files. 9 (2) For nonprofessional guardians, the court and the 10 Statewide Public Guardianship Office shall accept the 11 satisfactory completion of a criminal history record check as 12 by any method described in this subsection. A nonprofessional 13 guardian satisfies the requirements of this section by 14 undergoing a state and national criminal history record check 15 using a fingerprint card. The clerk of the court shall obtain 16 fingerprint cards from the Federal Bureau of Investigation and 17 make them available to nonprofessional guardians. Any 18 nonprofessional guardian who is so required shall have his or 19 her fingerprints taken and forward the completed fingerprint 20 card along with the necessary fee to the Department of Law 21 Enforcement for processing. The results of the fingerprint 22 card criminal history record check shall be forwarded to the 23 clerk of the court, who shall maintain the results in the 24 nonprofessional guardian's file and make the results available 25 to the court. 26 (3) For professional guardians, the court and the 27 Statewide Public Guardianship Office shall accept the 28 satisfactory completion of a criminal history record check by 29 any method described in this subsection. A professional 30 guardian satisfies the requirements of this section by 31 undergoing: 2 9:56 AM 04/06/07 s2040c-ju11-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2040 Barcode 965628 1 (a) An electronic fingerprint criminal history record 2 check. A professional guardian may use any electronic 3 fingerprinting equipment used for criminal history record 4 checks of public employees. The Statewide Public Guardianship 5 Office shall adopt a rule detailing the acceptable methods for 6 completing an electronic fingerprint criminal history record 7 check under this section. The professional guardian shall pay 8 the actual costs incurred by the Federal Bureau of 9 Investigation and the Department of Law Enforcement for the 10 criminal history record check. The agency that operates the 11 equipment used by the guardian may charge the guardian an 12 additional fee, not to exceed $10, for the use of the 13 equipment. The entity agency completing the record check must 14 immediately send the results of the criminal history record 15 check to the clerk of the court and the Statewide Public 16 Guardianship Office. The clerk of the court shall maintain the 17 results in the professional guardian's file and shall make the 18 results available to the court; or 19 (b) A criminal history record check using a 20 fingerprint card. The clerk of the court shall obtain 21 fingerprint cards from the Federal Bureau of Investigation and 22 make them available to guardians. Any guardian who is so 23 required shall have his or her fingerprints taken and forward 24 the proper fingerprint card along with the necessary fee to 25 the Department of Law Enforcement for processing. The results 26 of the fingerprint card criminal history record checks shall 27 be forwarded to the clerk of the court, who shall maintain the 28 results in the guardian's file and make the results available 29 to the court and the Statewide Public Guardianship Office. 30 (4)(3)(a) A professional guardian, and each employee 31 of a professional guardian who has a fiduciary responsibility 3 9:56 AM 04/06/07 s2040c-ju11-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2040 Barcode 965628 1 to a ward, must complete, at his or her own expense, a level 2 2 background screening as set forth in s. 435.04 before and at 3 least once every 5 years after the date the guardian is 4 registered appointed. A professional guardian, and each 5 employee of a professional guardian who has a fiduciary 6 responsibility to a ward, must complete, at his or her own 7 expense, a level 1 background screening as set forth in s. 8 435.03 at least once every 2 years after the date the guardian 9 is registered appointed. However, a professional guardian 10 person is not required to resubmit fingerprints for a criminal 11 history record check if he or she has been screened using 12 electronic fingerprinting equipment and the fingerprints are 13 retained by the Department of Law Enforcement in order to 14 notify the clerk of the court of any crime charged against the 15 person in this state or elsewhere, as appropriate. 16 (b) Effective December 15, 2006, All fingerprints 17 electronically submitted to the Department of Law Enforcement 18 under this section shall be retained by the Department of Law 19 Enforcement in a manner provided by rule and entered in the 20 statewide automated fingerprint identification system 21 authorized by s. 943.05(2)(b). The fingerprints shall 22 thereafter be available for all purposes and uses authorized 23 for arrest fingerprint cards entered in the Criminal Justice 24 Information Program under s. 943.051. 25 (c) Effective December 15, 2006, The Department of Law 26 Enforcement shall search all arrest fingerprint cards received 27 under s. 943.051 against the fingerprints retained in the 28 statewide automated fingerprint identification system under 29 paragraph (b). Any arrest record that is identified with the 30 fingerprints of a person described in this paragraph must be 31 reported to the clerk of court. The clerk of court must 4 9:56 AM 04/06/07 s2040c-ju11-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2040 Barcode 965628 1 forward any arrest record received for a professional guardian 2 to the Statewide Public Guardianship Office within 5 days. 3 Each professional guardian who elects to submit fingerprint 4 information electronically shall participate in this search 5 process by paying an annual fee to the Statewide Public 6 Guardianship Office of the Department of Elderly Affairs and 7 by informing the clerk of court and the Statewide Public 8 Guardianship Office of any change in the status of his or her 9 guardianship appointment. The amount of the annual fee to be 10 imposed for performing these searches and the procedures for 11 the retention of professional guardian fingerprints and the 12 dissemination of search results shall be established by rule 13 of the Department of Law Enforcement. At least once every 5 14 years, the Statewide Public Guardianship Office must request 15 that the Department of Law Enforcement forward the 16 fingerprints maintained under this section to the Federal 17 Bureau of Investigation. 18 (5)(4)(a) A professional guardian, and each employee 19 of a professional guardian who has a fiduciary responsibility 20 to a ward, must complete, at his or her own expense, an 21 investigation of his or her credit history before and at least 22 once every 2 years after the date of the guardian's 23 registration with the Statewide Public Guardianship Office 24 appointment. 25 (b) The Statewide Public Guardianship Office shall 26 adopt a rule detailing the acceptable methods for completing a 27 credit investigation under this section. If appropriate, the 28 Statewide Public Guardianship Office may administer credit 29 investigations. If the office chooses to administer the credit 30 investigation, the office may adopt a rule setting a fee, not 31 to exceed $25, to reimburse the costs associated with the 5 9:56 AM 04/06/07 s2040c-ju11-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2040 Barcode 965628 1 administration of a credit investigation. 2 (6)(5) The Statewide Public Guardianship Office may 3 inspect at any time the results of any credit or criminal 4 history record check of a public or professional guardian 5 conducted under this section. The office shall maintain copies 6 of the credit or criminal history record check results in the 7 guardian's registration file. If the results of a credit or 8 criminal investigation of a public or professional guardian 9 have not been forwarded to the Statewide Public Guardianship 10 Office by the investigating agency, the clerk of the court 11 shall forward copies of the results of the investigations to 12 the office upon receiving them. 13 (7)(6) The requirements of this section do not apply 14 to a professional guardian, or to the employees of a 15 professional guardian, that is a trust company, a state 16 banking corporation or state savings association authorized 17 and qualified to exercise fiduciary powers in this state, or a 18 national banking association or federal savings and loan 19 association authorized and qualified to exercise fiduciary 20 powers in this state. 21 Section 2. This act shall take effect July 1, 2007. 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 Delete everything before the enacting clause 27 28 and insert: 29 A bill to be entitled 30 An act relating to guardianship; amending s. 31 744.3135, F.S.; revising provisions relating to 6 9:56 AM 04/06/07 s2040c-ju11-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2040 Barcode 965628 1 criminal history record checks for professional 2 and nonprofessional guardians; requiring the 3 Statewide Public Guardianship Office to adopt 4 rules; revising terminology; deleting obsolete 5 language; revising language concerning 6 investigations of credit histories of 7 professional guardians and certain of their 8 employees; providing an effective date. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 9:56 AM 04/06/07 s2040c-ju11-k0a