Senate Bill sb2040

    Florida Senate - 2007                                  SB 2040

    By Senator Storms





    10-1440A-07

  1                      A bill to be entitled

  2         An act relating to criminal history record

  3         checks for guardians; amending s. 744.3135,

  4         F.S.; providing requirements for criminal

  5         history record checks for nonprofessional

  6         guardians; providing requirements for criminal

  7         history record checks for professional

  8         guardians; requiring professional guardians to

  9         complete a level 2 background screening before

10         and at least once every 5 years after the date

11         the guardian is registered; providing that a

12         professional guardian is not required to

13         resubmit fingerprints for a criminal history

14         record check if he or she has been screened

15         using electronic equipment and the fingerprints

16         are retained by the Department of Law

17         Enforcement in order to notify the clerk of any

18         crime charged against the person; requiring

19         each professional guardian who elects to submit

20         fingerprint information electronically to pay

21         an annual fee to the Statewide Public

22         Guardianship Office of the Department of

23         Elderly Affairs and to inform the clerk of

24         court and the Statewide Public Guardianship

25         Office of any change in the status of his or

26         her guardianship appointment; authorizing the

27         Department of Law Enforcement to establish by

28         rule the amount of the annual fee; requiring

29         that a professional guardian complete an

30         investigation of his or her credit history

31         before and at least once every 2 years after

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    Florida Senate - 2007                                  SB 2040
    10-1440A-07




 1         the date of the guardian's registration with

 2         the Statewide Public Guardianship Office;

 3         providing an effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Section 744.3135, Florida Statutes, is

 8  amended to read:

 9         744.3135  Credit and criminal investigation.--

10         (1)  The court may require a nonprofessional guardian

11  and shall require a professional or public guardian, and all

12  employees of a professional guardian who have a fiduciary

13  responsibility to a ward, to submit, at their own expense, to

14  an investigation of the guardian's credit history and to

15  undergo level 2 background screening as required under s.

16  435.04. If a credit or criminal history record check is

17  required, the court must consider the results of any

18  investigation before appointing a guardian. At any time, the

19  court may require a guardian or the guardian's employees to

20  submit to an investigation of the person's credit history and

21  complete a level 1 background screening as set forth in s.

22  435.03. The court shall consider the results of any

23  investigation when reappointing a guardian. The clerk of the

24  court shall maintain a file on each guardian appointed by the

25  court and retain in the file documentation of the result of

26  any investigation conducted under this section. A professional

27  guardian must pay the clerk of the court a fee of up to $7.50

28  for handling and processing professional guardian files.

29         (2)  For nonprofessional guardians, the court shall

30  accept the satisfactory completion of a criminal history

31  record check by any method described in this subsection. A

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    Florida Senate - 2007                                  SB 2040
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 1  nonprofessional guardian satisfies the requirements of this

 2  section by undergoing a criminal history record check using a

 3  fingerprint card. The clerk of the court shall obtain

 4  fingerprint cards from the Federal Bureau of Investigation and

 5  make them available to guardians. Any nonprofessional guardian

 6  shall have his or her fingerprints taken and forward the

 7  proper fingerprint card along with the necessary fee to the

 8  Department of Law Enforcement for processing. The results of

 9  the fingerprint card criminal history record checks shall be

10  forwarded to the clerk of the court who shall maintain the

11  results in the nonprofessional guardian's file and make the

12  results available to the court.

13         (3)(2)  For professional guardians, the court and the

14  Statewide Public Guardianship Office shall accept the

15  satisfactory completion of a criminal history record check by

16  any method described in this subsection. A professional

17  guardian satisfies the requirements of this section by

18  undergoing:

19         (a)  An electronic fingerprint criminal history record

20  check. A professional guardian may use any electronic

21  fingerprinting equipment used for criminal history record

22  checks of public employees. The professional guardian shall

23  pay the actual costs incurred by the Federal Bureau of

24  Investigation and the Department of Law Enforcement for the

25  criminal history record check. The agency that operates the

26  equipment used by the professional guardian may charge the

27  professional guardian an additional fee, not to exceed $10,

28  for the use of the equipment. The agency completing the record

29  check must immediately send the results of the criminal

30  history record check to the clerk of the court and the

31  Statewide Public Guardianship Office. The clerk of the court

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    Florida Senate - 2007                                  SB 2040
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 1  shall maintain the results in the professional guardian's file

 2  and shall make the results available to the court; or

 3         (b)  A criminal history record check using a

 4  fingerprint card. The clerk of the court shall obtain

 5  fingerprint cards from the Federal Bureau of Investigation and

 6  make them available to guardians. Any guardian who is so

 7  required shall have his or her fingerprints taken and forward

 8  the proper fingerprint card along with the necessary fee to

 9  the Department of Law Enforcement for processing. The results

10  of the fingerprint card criminal history record checks shall

11  be forwarded to the clerk of the court who shall maintain the

12  results in the guardian's file and make the results available

13  to the court and the Statewide Public Guardianship Office.

14         (4)(3)(a)  A professional guardian, and each employee

15  of a professional guardian who has a fiduciary responsibility

16  to a ward, must complete, at his or her own expense, a level 2

17  background screening as set forth in s. 435.04 before and at

18  least once every 5 years after the date the guardian is

19  registered appointed. A professional guardian, and each

20  employee of a professional guardian who has a fiduciary

21  responsibility to a ward, must complete, at his or her own

22  expense, a level 1 background screening as set forth in s.

23  435.03 at least once every 2 years after the date the guardian

24  is registered appointed. However, a professional guardian

25  person is not required to resubmit fingerprints for a criminal

26  history record check if he or she has been screened using

27  electronic fingerprinting equipment and the fingerprints are

28  retained by the Department of Law Enforcement in order to

29  notify the clerk of the court of any crime charged against the

30  person in this state or elsewhere, as appropriate.

31  

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 1         (b)  Effective December 15, 2006, all fingerprints

 2  electronically submitted to the Department of Law Enforcement

 3  under this section shall be retained by the Department of Law

 4  Enforcement in a manner provided by rule and entered in the

 5  statewide automated fingerprint identification system

 6  authorized by s. 943.05(2)(b). The fingerprints shall

 7  thereafter be available for all purposes and uses authorized

 8  for arrest fingerprint cards entered in the Criminal Justice

 9  Information Program under s. 943.051.

10         (c)  Effective December 15, 2006, the Department of Law

11  Enforcement shall search all arrest fingerprint cards received

12  under s. 943.051 against the fingerprints retained in the

13  statewide automated fingerprint identification system under

14  paragraph (b). Any arrest record that is identified with the

15  fingerprints of a person described in this paragraph must be

16  reported to the clerk of court. The clerk of court must

17  forward any arrest record received for a professional guardian

18  to the Statewide Public Guardianship Office within 5 days.

19  Each professional guardian who elects to submit fingerprint

20  information electronically shall participate in this search

21  process by paying an annual fee to the Statewide Public

22  Guardianship Office of the Department of Elderly Affairs and

23  by informing the clerk of court and the Statewide Public

24  Guardianship Office of any change in the status of his or her

25  guardianship appointment. The amount of the annual fee to be

26  imposed for performing these searches and the procedures for

27  the retention of professional guardian fingerprints and the

28  dissemination of search results shall be established by rule

29  of the Department of Law Enforcement. At least once every 5

30  years, the Statewide Public Guardianship Office must request

31  that the Department of Law Enforcement forward the

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    Florida Senate - 2007                                  SB 2040
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 1  fingerprints maintained under this section to the Federal

 2  Bureau of Investigation.

 3         (5)(4)(a)  A professional guardian, and each employee

 4  of a professional guardian who has a fiduciary responsibility

 5  to a ward, must complete, at his or her own expense, an

 6  investigation of his or her credit history before and at least

 7  once every 2 years after the date of the guardian's

 8  registration with the Statewide Public Guardianship Office

 9  appointment.

10         (b)  The Statewide Public Guardianship Office shall

11  adopt a rule detailing the acceptable methods for completing a

12  credit investigation under this section. If appropriate, the

13  Statewide Public Guardianship Office may administer credit

14  investigations. If the office chooses to administer the credit

15  investigation, the office may adopt a rule setting a fee, not

16  to exceed $25, to reimburse the costs associated with the

17  administration of a credit investigation.

18         (6)(5)  The Statewide Public Guardianship Office may

19  inspect at any time the results of any credit or criminal

20  history record check of a public or professional guardian

21  conducted under this section. The office shall maintain copies

22  of the credit or criminal history record check results in the

23  guardian's registration file. If the results of a credit or

24  criminal investigation of a public or professional guardian

25  have not been forwarded to the Statewide Public Guardianship

26  Office by the investigating agency, the clerk of the court

27  shall forward copies of the results of the investigations to

28  the office upon receiving them.

29         (7)(6)  The requirements of this section do not apply

30  to a professional guardian, or to the employees of a

31  professional guardian, that is a trust company, a state

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    Florida Senate - 2007                                  SB 2040
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 1  banking corporation or state savings association authorized

 2  and qualified to exercise fiduciary powers in this state, or a

 3  national banking association or federal savings and loan

 4  association authorized and qualified to exercise fiduciary

 5  powers in this state.

 6         Section 2.  This act shall take effect July 1, 2007.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Provides requirements for criminal history record checks
      for nonprofessional guardians. Provides requirements for
11    criminal history record checks for professional
      guardians. Requires professional guardians to complete a
12    level 2 background screening before and at least once
      every 5 years after the date the guardian is registered.
13    Provides that a professional guardian is not required to
      resubmit fingerprints for a criminal history record check
14    if he or she has been screened using electronic equipment
      and the fingerprints are retained by the Department of
15    Law Enforcement in order to notify the clerk of any crime
      charged against the person. Requires each professional
16    guardian who elects to submit fingerprint information
      electronically to pay an annual fee to the Statewide
17    Public Guardianship Office of the Department of Elderly
      Affairs and to inform the clerk of court and the
18    Statewide Public Guardianship Office of any change in the
      status of his or her guardianship appointment. Permits
19    the Department of Law Enforcement to establish by rule
      the amount of the annual fee. Provides that a
20    professional guardian must complete an investigation of
      his or her credit history before and at least once every
21    2 years after the date of the guardian's registration
      with the Statewide Public Guardianship Office.
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