CS for CS for CS for SB 232                First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2016232e1
       
    1                        A bill to be entitled                      
    2         An act relating to guardianship; providing directives
    3         to the Division of Law Revision and Information;
    4         amending s. 744.1012, F.S.; revising legislative
    5         intent; renumbering s. 744.201, F.S., relating to
    6         domicile of ward; renumbering and amending s. 744.202,
    7         F.S.; conforming a cross-reference; renumbering s.
    8         744.2025, F.S., relating to change of ward’s
    9         residence; renumbering and amending s. 744.7021, F.S.;
   10         renaming the Statewide Public Guardianship Office to
   11         the Office of Public and Professional Guardians;
   12         revising the duties and responsibilities of the
   13         executive director for the Office of Public and
   14         Professional Guardians; conforming provisions to
   15         changes made by the act; renumbering and amending s.
   16         744.1083, F.S.; providing that a guardian has standing
   17         to seek judicial review pursuant to ch. 120, F.S., if
   18         his or her registration is denied; removing a
   19         provision authorizing the executive director to
   20         suspend or revoke the registration of a guardian who
   21         commits certain violations; removing the requirement
   22         of written notification to the chief judge of the
   23         judicial circuit upon the executive director’s denial,
   24         suspension, or revocation of a registration;
   25         conforming provisions to changes made by the act;
   26         conforming a cross-reference; renumbering and amending
   27         s. 744.1085, F.S.; conforming provisions to changes
   28         made by the act; removing an obsolete provision;
   29         conforming a cross-reference; creating s. 744.2004,
   30         F.S.; requiring the Office of Public and Professional
   31         Guardians to establish certain procedures by a
   32         specified date; requiring the office to establish
   33         disciplinary proceedings, conduct hearings, and take
   34         administrative action pursuant to ch. 120, F.S.;
   35         requiring the Department of Elderly Affairs to provide
   36         certain written information in disciplinary
   37         proceedings; requiring that certain findings and
   38         recommendations be made within a certain time;
   39         requiring the office, under certain circumstances, to
   40         make a specified recommendation to a court of
   41         competent jurisdiction; requiring the office to report
   42         determination or suspicion of abuse to the Department
   43         of Children and Families’ central abuse hotline under
   44         specified circumstances; requiring the Department of
   45         Elderly Affairs to adopt rules; creating s. 744.20041,
   46         F.S.; specifying the acts by a professional guardian
   47         that constitute grounds for the Office of Public and
   48         Professional Guardians to take specified disciplinary
   49         actions; specifying penalties that the Office of
   50         Public and Professional Guardians may impose;
   51         requiring the Office of Public and Professional
   52         Guardians to consider sanctions necessary to safeguard
   53         wards and to protect the public; requiring the Office
   54         of Public and Professional Guardians to adopt by rule
   55         and periodically review disciplinary guidelines;
   56         providing legislative intent for the disciplinary
   57         guidelines; requiring the Office of Public and
   58         Professional Guardians to designate by rule possible
   59         mitigating and aggravating circumstances and the
   60         variation and range of penalties; requiring an
   61         administrative law judge to follow the Office of
   62         Public and Professional Guardians’ disciplinary
   63         guidelines when recommending penalties; requiring the
   64         administrative law judge to provide written mitigating
   65         or aggravating circumstances under certain
   66         circumstances; authorizing the Office of Public and
   67         Professional Guardians to impose a penalty other than
   68         those in the disciplinary guidelines under certain
   69         circumstances; authorizing the Office of Public and
   70         Professional Guardians to seek an injunction or a writ
   71         of mandamus for specified violations; providing for
   72         permanent revocation of a professional guardian’s
   73         registration by the Office of Public and Professional
   74         Guardians under certain circumstances; requiring the
   75         Office of Public and Professional Guardians to notify
   76         a court of the determination to suspend or revoke the
   77         professional guardian’s registration under certain
   78         circumstances; providing that cross-references are
   79         considered a general reference for the purpose of
   80         incorporation by reference; requiring the Office of
   81         Public and Professional Guardians to adopt rules;
   82         renumbering and amending s. 744.344, F.S.; making
   83         technical changes; renumbering and amending s.
   84         744.703, F.S.; conforming provisions to changes made
   85         by the act; renumbering ss. 744.704 and 744.705, F.S.,
   86         relating to the powers and duties of public guardians
   87         and the costs of public guardians, respectively;
   88         renumbering and amending ss. 744.706 and 744.707,
   89         F.S.; conforming provisions to changes made by the
   90         act; renumbering s. 744.709, F.S., relating to surety
   91         bonds; renumbering and amending s. 744.708, F.S.;
   92         conforming provisions to changes made by the act;
   93         renumbering and amending s. 744.7081, F.S.; requiring
   94         that the Office of Public and Professional Guardians
   95         be provided financial audits upon its request as part
   96         of an investigation; conforming provisions to changes
   97         made by the act; renumbering and amending s. 744.7082,
   98         F.S.; conforming provisions to changes made by the
   99         act; renumbering and amending s. 744.712, F.S.;
  100         providing legislative intent; conforming provisions;
  101         renumbering and amending ss. 744.713, 744.714, and
  102         744.715, F.S.; conforming provisions to changes made
  103         by the act; amending s. 744.3135, F.S.; requiring the
  104         office to adopt rules by a certain date; conforming
  105         provisions to changes made by the act; repealing s.
  106         744.701, F.S., relating to a short title; repealing s.
  107         744.702, F.S., relating to legislative intent;
  108         repealing s. 744.7101, F.S., relating to a short
  109         title; repealing s. 744.711, F.S., relating to
  110         legislative findings and intent; amending ss. 400.148
  111         and 744.331, F.S.; conforming provisions to changes
  112         made by the act; amending ss. 20.415, 415.1102,
  113         744.309, and 744.524, F.S.; conforming cross
  114         references; making technical changes; providing an
  115         appropriation; providing an effective date.
  116          
  117  Be It Enacted by the Legislature of the State of Florida:
  118  
  119         Section 1. The Division of Law Revision and Information is
  120  directed to add ss. 744.1096-744.1098, Florida Statutes, created
  121  by this act, to part I of chapter 744, Florida Statutes.
  122         Section 2. The Division of Law Revision and Information is
  123  directed to rename part II of chapter 744, Florida Statutes,
  124  entitled “VENUE,” as “PUBLIC AND PROFESSIONAL GUARDIANS,
  125  consisting of ss. 744.2001-744.2109, Florida Statutes.
  126         Section 3. The Division of Law Revision and Information is
  127  directed to remove part IX of chapter 744, Florida Statutes.
  128         Section 4. Section 744.1012, Florida Statutes, is amended
  129  to read:
  130         744.1012 Legislative intent.—The Legislature finds that:
  131         (1)That Adjudicating a person totally incapacitated and in
  132  need of a guardian deprives such person of all her or his civil
  133  and legal rights and that such deprivation may be unnecessary.
  134         (2)The Legislature further finds that It is desirable to
  135  make available the least restrictive form of guardianship to
  136  assist persons who are only partially incapable of caring for
  137  their needs and that alternatives to guardianship and less
  138  restrictive means of assistance, including, but not limited to,
  139  guardian advocates, be explored before a plenary guardian is
  140  appointed.
  141         (3) By recognizing that every individual has unique needs
  142  and differing abilities, the Legislature declares that it is the
  143  purpose of this act to promote the public welfare by
  144  establishing a system that permits incapacitated persons to
  145  participate as fully as possible in all decisions affecting
  146  them; that assists such persons in meeting the essential
  147  requirements for their physical health and safety, in protecting
  148  their rights, in managing their financial resources, and in
  149  developing or regaining their abilities to the maximum extent
  150  possible; and that accomplishes these objectives through
  151  providing, in each case, the form of assistance that least
  152  interferes with the legal capacity of a person to act in her or
  153  his own behalf. This act shall be liberally construed to
  154  accomplish this purpose.
  155         (4) Private guardianship may be inadequate when there is no
  156  willing and responsible family member or friend, other person,
  157  bank, or corporation available to serve as guardian for an
  158  incapacitated person, and such person does not have adequate
  159  income or wealth for the compensation of a private guardian.
  160         (5) Through the establishment of the Office of Public and
  161  Professional Guardians, the Legislature intends to permit the
  162  establishment of offices of public guardians for the purpose of
  163  providing guardianship services for incapacitated persons when
  164  no private guardian is available.
  165         (6) A public guardian will be provided only to those
  166  persons whose needs cannot be met through less restrictive means
  167  of intervention. A public guardian may also serve in the
  168  capacity of a limited guardian or guardian advocate under s.
  169  393.12 when the public guardian is the guardian of last resort
  170  as described in subsection (4).
  171         Section 5. Section 744.201, Florida Statutes, is renumbered
  172  as section 744.1096, Florida Statutes.
  173         Section 6. Section 744.202, Florida Statutes, is renumbered
  174  as section 744.1097, Florida Statutes, and subsection (3) of
  175  that section is amended, to read:
  176         744.1097 744.202 Venue.—
  177         (3) When the residence of an incapacitated person is
  178  changed to another county, the guardian shall petition to have
  179  the venue of the guardianship changed to the county of the
  180  acquired residence, except as provided in s. 744.1098 s.
  181  744.2025.
  182         Section 7. Section 744.2025, Florida Statutes, is
  183  renumbered as section 744.1098, Florida Statutes.
  184         Section 8. Section 744.7021, Florida Statutes, is
  185  renumbered as section 744.2001, Florida Statutes, and amended to
  186  read:
  187         744.2001 744.7021Statewide Public Guardianship Office of
  188  Public and Professional Guardians.—There is hereby created the
  189  Statewide Public Guardianship Office of Public and Professional
  190  Guardians within the Department of Elderly Affairs.
  191         (1) The Secretary of Elderly Affairs shall appoint the
  192  executive director, who shall be the head of the Statewide
  193  Public Guardianship Office of Public and Professional Guardians.
  194  The executive director must be a member of The Florida Bar,
  195  knowledgeable of guardianship law and of the social services
  196  available to meet the needs of incapacitated persons, shall
  197  serve on a full-time basis, and shall personally, or through a
  198  representative representatives of the office, carry out the
  199  purposes and functions of the Statewide Public Guardianship
  200  Office of Public and Professional Guardians in accordance with
  201  state and federal law. The executive director shall serve at the
  202  pleasure of and report to the secretary.
  203         (2) The executive director shall, within available
  204  resources:,
  205         (a) Have oversight responsibilities for all public and
  206  professional guardians.
  207         (b) Establish standards of practice for public and
  208  professional guardians by rule, in consultation with
  209  professional guardianship associations and other interested
  210  stakeholders, no later than October 1, 2016. The executive
  211  director shall provide a draft of the standards to the Governor,
  212  the Legislature, and the secretary for review by August 1, 2016.
  213         (c) Review and approve the standards and criteria for the
  214  education, registration, and certification of public and
  215  professional guardians in Florida.
  216         (3) The executive director’s oversight responsibilities of
  217  professional guardians must be finalized by October 1, 2016, and
  218  shall include, but are not limited to:
  219         (a)Developing and implementing a monitoring tool to ensure
  220  compliance of professional guardians with the standards of
  221  practice established by the Office of Public and Professional
  222  Guardians. This monitoring tool may not include a financial
  223  audit as required by the clerk of the circuit court under s.
  224  744.368.
  225         (b) Developing procedures, in consultation with
  226  professional guardianship associations and other interested
  227  stakeholders, for the review of an allegation that a
  228  professional guardian has violated the standards of practice
  229  established by the Office of Public and Professional Guardians
  230  governing the conduct of professional guardians.
  231         (c) Establishing disciplinary proceedings, conducting
  232  hearings, and taking administrative action pursuant to chapter
  233  120.
  234         (4) The executive director’s oversight responsibilities of
  235  public guardians shall include, but are not limited to:
  236         (a) Reviewing The executive director shall review the
  237  current public guardian programs in Florida and other states.
  238         (b) Developing The executive director, in consultation with
  239  local guardianship offices and other interested stakeholders,
  240  shall develop statewide performance measures and standards.
  241         (c) Reviewing The executive director shall review the
  242  various methods of funding public guardianship programs, the
  243  kinds of services being provided by such programs, and the
  244  demographics of the wards. In addition, the executive director
  245  shall review and make recommendations regarding the feasibility
  246  of recovering a portion or all of the costs of providing public
  247  guardianship services from the assets or income of the wards.
  248         (d) By January 1 of each year, providing the executive
  249  director shall provide a status report and provide further
  250  recommendations to the secretary which that address the need for
  251  public guardianship services and related issues.
  252         (e)Developing a guardianship training program curriculum
  253  that may be offered to all guardians, whether public or private.
  254         (5)(e) The executive director may provide assistance to
  255  local governments or entities in pursuing grant opportunities.
  256  The executive director shall review and make recommendations in
  257  the annual report on the availability and efficacy of seeking
  258  Medicaid matching funds. The executive director shall diligently
  259  seek ways to use existing programs and services to meet the
  260  needs of public wards.
  261         (f) The executive director, in consultation with the
  262  Florida Guardianship Foundation, shall develop a guardianship
  263  training program curriculum that may be offered to all guardians
  264  whether public or private.
  265         (6)(3) The executive director may conduct or contract for
  266  demonstration projects authorized by the Department of Elderly
  267  Affairs, within funds appropriated or through gifts, grants, or
  268  contributions for such purposes, to determine the feasibility or
  269  desirability of new concepts of organization, administration,
  270  financing, or service delivery designed to preserve the civil
  271  and constitutional rights of persons of marginal or diminished
  272  capacity. Any gifts, grants, or contributions for such purposes
  273  shall be deposited in the Department of Elderly Affairs
  274  Administrative Trust Fund.
  275         Section 9. Section 744.1083, Florida Statutes, is
  276  renumbered as section 744.2002, Florida Statutes, subsections
  277  (1) through (5) of that section are amended, and subsections (7)
  278  and (10) of that section are republished, to read:
  279         744.2002 744.1083 Professional guardian registration.—
  280         (1) A professional guardian must register with the
  281  Statewide Public Guardianship Office of Public and Professional
  282  Guardians established in part II IX of this chapter.
  283         (2) Annual registration shall be made on forms furnished by
  284  the Statewide Public Guardianship Office of Public and
  285  Professional Guardians and accompanied by the applicable
  286  registration fee as determined by rule. The fee may not exceed
  287  $100.
  288         (3) Registration must include the following:
  289         (a) Sufficient information to identify the professional
  290  guardian, as follows:
  291         1. If the professional guardian is a natural person, the
  292  name, address, date of birth, and employer identification or
  293  social security number of the person.
  294         2. If the professional guardian is a partnership or
  295  association, the name, address, and employer identification
  296  number of the entity.
  297         (b) Documentation that the bonding and educational
  298  requirements of s. 744.2003 s. 744.1085 have been met.
  299         (c) Sufficient information to distinguish a guardian
  300  providing guardianship services as a public guardian,
  301  individually, through partnership, corporation, or any other
  302  business organization.
  303         (4) Prior to registering a professional guardian, the
  304  Statewide Public Guardianship Office of Public and Professional
  305  Guardians must receive and review copies of the credit and
  306  criminal investigations conducted under s. 744.3135. The credit
  307  and criminal investigations must have been completed within the
  308  previous 2 years.
  309         (5) The executive director of the office may deny
  310  registration to a professional guardian if the executive
  311  director determines that the guardian’s proposed registration,
  312  including the guardian’s credit or criminal investigations,
  313  indicates that registering the professional guardian would
  314  violate any provision of this chapter. If a guardian’s proposed
  315  registration is denied, the guardian has standing to seek
  316  judicial review of the denial pursuant to chapter 120 If a
  317  guardian who is currently registered with the office violates a
  318  provision of this chapter, the executive director of the office
  319  may suspend or revoke the guardian’s registration. If the
  320  executive director denies registration to a professional
  321  guardian or suspends or revokes a professional guardian’s
  322  registration, the Statewide Public Guardianship Office must send
  323  written notification of the denial, suspension, or revocation to
  324  the chief judge of each judicial circuit in which the guardian
  325  was serving on the day of the office’s decision to deny,
  326  suspend, or revoke the registration.
  327         (7) A trust company, a state banking corporation or state
  328  savings association authorized and qualified to exercise
  329  fiduciary powers in this state, or a national banking
  330  association or federal savings and loan association authorized
  331  and qualified to exercise fiduciary powers in this state, may,
  332  but is not required to, register as a professional guardian
  333  under this section. If a trust company, state banking
  334  corporation, state savings association, national banking
  335  association, or federal savings and loan association described
  336  in this subsection elects to register as a professional guardian
  337  under this subsection, the requirements of subsections (3) and
  338  (4) do not apply and the registration must include only the
  339  name, address, and employer identification number of the
  340  registrant, the name and address of its registered agent, if
  341  any, and the documentation described in paragraph (3)(b).
  342         (10) A state college or university or an independent
  343  college or university that is located and chartered in Florida,
  344  that is accredited by the Commission on Colleges of the Southern
  345  Association of Colleges and Schools or the Accrediting Council
  346  for Independent Colleges and Schools, and that confers degrees
  347  as defined in s. 1005.02(7) may, but is not required to,
  348  register as a professional guardian under this section. If a
  349  state college or university or independent college or university
  350  elects to register as a professional guardian under this
  351  subsection, the requirements of subsections (3) and (4) do not
  352  apply and the registration must include only the name, address,
  353  and employer identification number of the registrant.
  354         Section 10. Section 744.1085, Florida Statutes, is
  355  renumbered as section 744.2003, Florida Statutes, subsections
  356  (3), (6), and (9) of that section are amended, and subsection
  357  (8) of that section is republished, to read:
  358         744.2003 744.1085 Regulation of professional guardians;
  359  application; bond required; educational requirements.—
  360         (3) Each professional guardian defined in s. 744.102(17)
  361  and public guardian must receive a minimum of 40 hours of
  362  instruction and training. Each professional guardian must
  363  receive a minimum of 16 hours of continuing education every 2
  364  calendar years after the year in which the initial 40-hour
  365  educational requirement is met. The instruction and education
  366  must be completed through a course approved or offered by the
  367  Statewide Public Guardianship Office of Public and Professional
  368  Guardians. The expenses incurred to satisfy the educational
  369  requirements prescribed in this section may not be paid with the
  370  assets of any ward. This subsection does not apply to any
  371  attorney who is licensed to practice law in this state or an
  372  institution acting as guardian under s. 744.2002(7).
  373         (6) After July 1, 2005, Each professional guardian is shall
  374  be required to demonstrate competency to act as a professional
  375  guardian by taking an examination approved by the Department of
  376  Elderly Affairs.
  377         (a) The Department of Elderly Affairs shall determine the
  378  minimum examination score necessary for passage of guardianship
  379  examinations.
  380         (b) The Department of Elderly Affairs shall determine the
  381  procedure for administration of the examination.
  382         (c) The Department of Elderly Affairs or its contractor
  383  shall charge an examination fee for the actual costs of the
  384  development and the administration of the examination. The
  385  examination fee for a guardian may, not to exceed $500.
  386         (d) The Department of Elderly Affairs may recognize passage
  387  of a national guardianship examination in lieu of all or part of
  388  the examination approved by the Department of Elderly Affairs,
  389  except that all professional guardians must take and pass an
  390  approved examination section related to Florida law and
  391  procedure.
  392         (8) The Department of Elderly Affairs shall waive the
  393  examination requirement in subsection (6) if a professional
  394  guardian can provide:
  395         (a) Proof that the guardian has actively acted as a
  396  professional guardian for 5 years or more; and
  397         (b) A letter from a circuit judge before whom the
  398  professional guardian practiced at least 1 year which states
  399  that the professional guardian had demonstrated to the court
  400  competency as a professional guardian.
  401         (9) After July 1, 2004, The court may shall not appoint any
  402  professional guardian who is has not registered by the Office of
  403  Public and Professional Guardians met the requirements of this
  404  section and s. 744.1083.
  405         Section 11. Section 744.2004, Florida Statutes, is created
  406  to read:
  407         744.2004 Complaints; disciplinary proceedings; penalties;
  408  enforcement.—
  409         (1) By October 1, 2016, the Office of Public and
  410  Professional Guardians shall establish procedures to:
  411         (a) Review and, if determined legally sufficient,
  412  investigate any complaint that a professional guardian has
  413  violated the standards of practice established by the Office of
  414  Public and Professional Guardians governing the conduct of
  415  professional guardians. A complaint is legally sufficient if it
  416  contains ultimate facts that show a violation of a standard of
  417  practice by a professional guardian has occurred.
  418         (b) Initiate an investigation no later than 10 business
  419  days after the Office of Public and Professional Guardians
  420  receives a complaint.
  421         (c) Complete and provide initial investigative findings and
  422  recommendations, if any, to the professional guardian and the
  423  person who filed the complaint within 60 days after receipt.
  424         (d) Obtain supporting information or documentation to
  425  determine the legal sufficiency of a complaint.
  426         (e) Interview a ward, family member, or interested party to
  427  determine the legal sufficiency of a complaint.
  428         (f) Dismiss any complaint if, at any time after legal
  429  sufficiency is determined, it is found there is insufficient
  430  evidence to support the allegations contained in the complaint.
  431         (g) Coordinate, to the greatest extent possible, with the
  432  clerks of court to avoid duplication of duties with regard to
  433  the financial audits prepared by the clerks pursuant to s.
  434  744.368.
  435         (2) The Office of Public and Professional Guardians shall
  436  establish disciplinary proceedings, conduct hearings, and take
  437  administrative action pursuant to chapter 120. Disciplinary
  438  actions may include, but are not limited to, requiring a
  439  professional guardian to participate in additional educational
  440  courses provided or approved by the Office of Public and
  441  Professional Guardians, imposing additional monitoring by the
  442  office of the guardianships to which the professional guardian
  443  is appointed, and suspension or revocation of a professional
  444  guardian’s registration.
  445         (3) In any disciplinary proceeding that may result in the
  446  suspension or revocation of a professional guardian’s
  447  registration, the Department of Elderly Affairs shall provide
  448  the professional guardian and the person who filed the
  449  complaint:
  450         (a) A written explanation of how an administrative
  451  complaint is resolved by the disciplinary process.
  452         (b) A written explanation of how and when the person may
  453  participate in the disciplinary process.
  454         (c) A written notice of any hearing before the Division of
  455  Administrative Hearings at which final agency action may be
  456  taken.
  457         (4) If the office makes a final determination to suspend or
  458  revoke the professional guardian’s registration, it must provide
  459  such determination to the court of competent jurisdiction for
  460  any guardianship case to which the professional guardian is
  461  currently appointed.
  462         (5) If the office determines or has reasonable cause to
  463  suspect that a vulnerable adult has been or is being abused,
  464  neglected, or exploited as a result of a filed complaint or
  465  during the course of an investigation of a complaint, it shall
  466  immediately report such determination or suspicion to the
  467  central abuse hotline established and maintained by the
  468  Department of Children and Families pursuant to s. 415.103.
  469         (6) By October 1, 2016, the Department of Elderly Affairs
  470  shall adopt rules to implement the provisions of this section.
  471         Section 12. Section 744.20041, Florida Statutes, is created
  472  to read:
  473         744.20041 Grounds for discipline; penalties; enforcement.—
  474         (1) The following acts by a professional guardian shall
  475  constitute grounds for which the disciplinary actions specified
  476  in subsection (2) may be taken:
  477         (a) Making misleading, deceptive, or fraudulent
  478  representations in or related to the practice of guardianship.
  479         (b) Violating any rule governing guardians or guardianships
  480  adopted by the Office of Public and Professional Guardians.
  481         (c) Being convicted or found guilty of, or entering a plea
  482  of guilty or nolo contendere to, regardless of adjudication, a
  483  crime in any jurisdiction which relates to the practice of or
  484  the ability to practice as a professional guardian.
  485         (d) Failing to comply with the educational course
  486  requirements contained in s. 744.2003.
  487         (e) Having a registration, a license, or the authority to
  488  practice a regulated profession revoked, suspended, or otherwise
  489  acted against, including the denial of registration or
  490  licensure, by the registering or licensing authority of any
  491  jurisdiction, including its agencies or subdivisions, for a
  492  violation under Florida law. The registering or licensing
  493  authority’s acceptance of a relinquishment of registration or
  494  licensure, stipulation, consent order, or other settlement
  495  offered in response to or in anticipation of the filing of
  496  charges against the registration or license shall be construed
  497  as an action against the registration or license.
  498         (f) Knowingly filing a false report or complaint with the
  499  Office of Public and Professional Guardians against another
  500  guardian.
  501         (g) Attempting to obtain, obtaining, or renewing a
  502  registration or license to practice a profession by bribery, by
  503  fraudulent misrepresentation, or as a result of an error by the
  504  Office of Public and Professional Guardians which is known and
  505  not disclosed to the Office of Public and Professional
  506  Guardians.
  507         (h) Failing to report to the Office of Public and
  508  Professional Guardians any person who the professional guardian
  509  knows is in violation of this chapter or the rules of the Office
  510  of Public and Professional Guardians.
  511         (i) Failing to perform any statutory or legal obligation
  512  placed upon a professional guardian.
  513         (j) Making or filing a report or record that the
  514  professional guardian knows to be false, intentionally or
  515  negligently failing to file a report or record required by state
  516  or federal law, or willfully impeding or obstructing another
  517  person’s attempt to do so. Such reports or records shall include
  518  only those that are signed in the guardian’s capacity as a
  519  professional guardian.
  520         (k) Using the position of guardian for the purpose of
  521  financial gain by a professional guardian or a third party,
  522  other than the funds awarded to the professional guardian by the
  523  court pursuant to s. 744.108.
  524         (l) Violating a lawful order of the Office of Public and
  525  Professional Guardians or failing to comply with a lawfully
  526  issued subpoena of the Office of Public and Professional
  527  Guardians.
  528         (m) Improperly interfering with an investigation or
  529  inspection authorized by statute or rule or with any
  530  disciplinary proceeding.
  531         (n) Using the guardian relationship to engage or attempt to
  532  engage the ward, or an immediate family member or a
  533  representative of the ward, in verbal, written, electronic, or
  534  physical sexual activity.
  535         (o) Failing to report to the Office of Public and
  536  Professional Guardians in writing within 30 days after being
  537  convicted or found guilty of, or entered a plea of nolo
  538  contendere to, regardless of adjudication, a crime in any
  539  jurisdiction.
  540         (p) Being unable to perform the functions of a professional
  541  guardian with reasonable skill by reason of illness or use of
  542  alcohol, drugs, narcotics, chemicals, or any other type of
  543  substance or as a result of any mental or physical condition.
  544         (q) Failing to post and maintain a blanket fiduciary bond
  545  pursuant to s. 744.1085.
  546         (r) Failing to maintain all records pertaining to a
  547  guardianship for a reasonable time after the court has closed
  548  the guardianship matter.
  549         (s) Violating any provision of this chapter or any rule
  550  adopted pursuant thereto.
  551         (2) When the Office of Public and Professional Guardians
  552  finds a professional guardian guilty of violating subsection
  553  (1), it may enter an order imposing one or more of the following
  554  penalties:
  555         (a) Refusal to register an applicant as a professional
  556  guardian.
  557         (b) Suspension or permanent revocation of a professional
  558  guardian’s registration.
  559         (c) Issuance of a reprimand or letter of concern.
  560         (d) Requirement that the professional guardian undergo
  561  treatment, attend continuing education courses, submit to
  562  reexamination, or satisfy any terms that are reasonably tailored
  563  to the violations found.
  564         (e) Requirement that the professional guardian pay
  565  restitution of any funds obtained, disbursed, or obtained
  566  through a violation of any statute, rule, or other legal
  567  authority to a ward or the ward’s estate, if applicable.
  568         (f) Requirement that the professional guardian undergo
  569  remedial education.
  570         (3) In determining what action is appropriate, the Office
  571  of Public and Professional Guardians must first consider what
  572  sanctions are necessary to safeguard wards and to protect the
  573  public. Only after those sanctions have been imposed may the
  574  Office of Public and Professional Guardians consider and include
  575  in the order requirements designed to mitigate the circumstances
  576  and rehabilitate the professional guardian.
  577         (4) The Office of Public and Professional Guardians shall
  578  adopt by rule and periodically review the disciplinary
  579  guidelines applicable to each ground for disciplinary action
  580  that may be imposed by the Office of Public and Professional
  581  Guardians pursuant to this chapter.
  582         (5) It is the intent of the Legislature that the
  583  disciplinary guidelines specify a meaningful range of designated
  584  penalties based upon the severity and repetition of specific
  585  offenses and that minor violations be distinguished from those
  586  which endanger the health, safety, or welfare of a ward or the
  587  public; that such guidelines provide reasonable and meaningful
  588  notice to the public of likely penalties that may be imposed for
  589  proscribed conduct; and that such penalties be consistently
  590  applied by the Office of Public and Professional Guardians.
  591         (6) The Office of Public and Professional Guardians shall
  592  by rule designate possible mitigating and aggravating
  593  circumstances and the variation and range of penalties permitted
  594  for such circumstances.
  595         (a) An administrative law judge, in recommending penalties
  596  in any recommended order, must follow the disciplinary
  597  guidelines established by the Office of Public and Professional
  598  Guardians and must state in writing any mitigating or
  599  aggravating circumstance upon which a recommended penalty is
  600  based if such circumstance causes the administrative law judge
  601  to recommend a penalty other than that provided in the
  602  disciplinary guidelines.
  603         (b) The Office of Public and Professional Guardians may
  604  impose a penalty other than those provided for in the
  605  disciplinary guidelines upon a specific finding in the final
  606  order of mitigating or aggravating circumstances.
  607         (7) In addition to, or in lieu of, any other remedy or
  608  criminal prosecution, the Office of Public and Professional
  609  Guardians may file a proceeding in the name of the state seeking
  610  issuance of an injunction or a writ of mandamus against any
  611  person who violates any provision of this chapter or any
  612  provision of law with respect to professional guardians or the
  613  rules adopted pursuant thereto.
  614         (8) Notwithstanding chapter 120, if the Office of Public
  615  and Professional Guardians determines that revocation of a
  616  professional guardian’s registration is the appropriate penalty,
  617  the revocation is permanent.
  618         (9) If the Office of Public and Professional Guardians
  619  makes a final determination to suspend or revoke the
  620  professional guardian’s registration, the office must provide
  621  the determination to the court of competent jurisdiction for any
  622  guardianship case to which the professional guardian is
  623  currently appointed.
  624         (10) The purpose of this section is to facilitate uniform
  625  discipline for those actions made punishable under this section
  626  and, to this end, a reference to this section constitutes a
  627  general reference under the doctrine of incorporation by
  628  reference.
  629         (11) The Office of Public and Professional Guardians shall
  630  adopt rules to administer this section.
  631         Section 13. Section 744.344, Florida Statutes, is
  632  renumbered as section 744.2005, Florida Statutes, and amended to
  633  read:
  634         744.2005 744.344 Order of appointment.—
  635         (1) The court may hear testimony on the question of who is
  636  entitled to preference in the appointment of a guardian. Any
  637  interested person may intervene in the proceedings.
  638         (2) The order appointing a guardian must state the nature
  639  of the guardianship as either plenary or limited. If limited,
  640  the order must state that the guardian may exercise only those
  641  delegable rights which have been removed from the incapacitated
  642  person and specifically delegated to the guardian. The order
  643  shall state the specific powers and duties of the guardian.
  644         (3)(2) The order appointing a guardian must be consistent
  645  with the incapacitated person’s welfare and safety, must be the
  646  least restrictive appropriate alternative, and must reserve to
  647  the incapacitated person the right to make decisions in all
  648  matters commensurate with the person’s ability to do so.
  649         (4)(3) If a petition for appointment of a guardian has been
  650  filed, an order appointing a guardian must be issued
  651  contemporaneously with the order adjudicating the person
  652  incapacitated. The order must specify the amount of the bond to
  653  be given by the guardian and must state specifically whether the
  654  guardian must place all, or part, of the property of the ward in
  655  a restricted account in a financial institution designated
  656  pursuant to s. 69.031.
  657         (5)(4) If a petition for the appointment of a guardian has
  658  not been filed or ruled upon at the time of the hearing on the
  659  petition to determine capacity, the court may appoint an
  660  emergency temporary guardian in the manner and for the purposes
  661  specified in s. 744.3031.
  662         (6)(5) A plenary guardian shall exercise all delegable
  663  rights and powers of the incapacitated person.
  664         (7)(6) A person for whom a limited guardian has been
  665  appointed retains all legal rights except those that which have
  666  been specifically granted to the guardian in the court’s written
  667  order.
  668         Section 14. Section 744.703, Florida Statutes, is
  669  renumbered as section 744.2006, Florida Statutes, and
  670  subsections (1) and (6) of that section are amended, to read:
  671         744.2006 744.703 Office of Public and Professional
  672  Guardians guardian; appointment, notification.—
  673         (1) The executive director of the Statewide Public
  674  Guardianship Office of Public and Professional Guardians, after
  675  consultation with the chief judge and other circuit judges
  676  within the judicial circuit and with appropriate advocacy groups
  677  and individuals and organizations who are knowledgeable about
  678  the needs of incapacitated persons, may establish, within a
  679  county in the judicial circuit or within the judicial circuit,
  680  one or more offices of public guardian and if so established,
  681  shall create a list of persons best qualified to serve as the
  682  public guardian, who have been investigated pursuant to s.
  683  744.3135. The public guardian must have knowledge of the legal
  684  process and knowledge of social services available to meet the
  685  needs of incapacitated persons. The public guardian shall
  686  maintain a staff or contract with professionally qualified
  687  individuals to carry out the guardianship functions, including
  688  an attorney who has experience in probate areas and another
  689  person who has a master’s degree in social work, or a
  690  gerontologist, psychologist, registered nurse, or nurse
  691  practitioner. A public guardian that is a nonprofit corporate
  692  guardian under s. 744.309(5) must receive tax-exempt status from
  693  the United States Internal Revenue Service.
  694         (6) Public guardians who have been previously appointed by
  695  a chief judge prior to the effective date of this act pursuant
  696  to this section may continue in their positions until the
  697  expiration of their term pursuant to their agreement. However,
  698  oversight of all public guardians shall transfer to the
  699  Statewide Public Guardianship Office of Public and Professional
  700  Guardians upon the effective date of this act. The executive
  701  director of the Statewide Public Guardianship Office of Public
  702  and Professional Guardians shall be responsible for all future
  703  appointments of public guardians pursuant to this act.
  704         Section 15. Section 744.704, Florida Statutes, is
  705  renumbered as section 744.2007, Florida Statutes.
  706         Section 16. Section 744.705, Florida Statutes, is
  707  renumbered as section 744.2008, Florida Statutes.
  708         Section 17. Section 744.706, Florida Statutes, is
  709  renumbered as section 744.2009, Florida Statutes, and amended to
  710  read:
  711         744.2009 744.706 Preparation of budget.—Each public
  712  guardian, whether funded in whole or in part by money raised
  713  through local efforts, grants, or any other source or whether
  714  funded in whole or in part by the state, shall prepare a budget
  715  for the operation of the office of public guardian to be
  716  submitted to the Statewide Public Guardianship Office of Public
  717  and Professional Guardians. As appropriate, the Statewide Public
  718  Guardianship Office of Public and Professional Guardians will
  719  include such budgetary information in the Department of Elderly
  720  Affairs’ legislative budget request. The office of public
  721  guardian shall be operated within the limitations of the General
  722  Appropriations Act and any other funds appropriated by the
  723  Legislature to that particular judicial circuit, subject to the
  724  provisions of chapter 216. The Department of Elderly Affairs
  725  shall make a separate and distinct request for an appropriation
  726  for the Statewide Public Guardianship Office of Public and
  727  Professional Guardians. However, this section may shall not be
  728  construed to preclude the financing of any operations of the
  729  office of the public guardian by moneys raised through local
  730  effort or through the efforts of the Statewide Public
  731  Guardianship Office of Public and Professional Guardians.
  732         Section 18. Section 744.707, Florida Statutes, is
  733  renumbered as section 744.2101, Florida Statutes, and amended to
  734  read:
  735         744.2101 744.707 Procedures and rules.—The public guardian,
  736  subject to the oversight of the Statewide Public Guardianship
  737  Office of Public and Professional Guardians, is authorized to:
  738         (1) Formulate and adopt necessary procedures to assure the
  739  efficient conduct of the affairs of the ward and general
  740  administration of the office and staff.
  741         (2) Contract for services necessary to discharge the duties
  742  of the office.
  743         (3) Accept the services of volunteer persons or
  744  organizations and provide reimbursement for proper and necessary
  745  expenses.
  746         Section 19. Section 744.709, Florida Statutes, is
  747  renumbered as section 744.2102, Florida Statutes.
  748         Section 20. Section 744.708, Florida Statutes, is
  749  renumbered as section 744.2103, Florida Statutes, and
  750  subsections (3), (4), (5), and (7) of that section are amended,
  751  to read:
  752         744.2103 744.708 Reports and standards.—
  753         (3) A public guardian shall file an annual report on the
  754  operations of the office of public guardian, in writing, by
  755  September 1 for the preceding fiscal year with the Statewide
  756  Public Guardianship Office of Public and Professional Guardians,
  757  which shall have responsibility for supervision of the
  758  operations of the office of public guardian.
  759         (4) Within 6 months of his or her appointment as guardian
  760  of a ward, the public guardian shall submit to the clerk of the
  761  court for placement in the ward’s guardianship file and to the
  762  executive director of the Statewide Public Guardianship Office
  763  of Public and Professional Guardians a report on his or her
  764  efforts to locate a family member or friend, other person, bank,
  765  or corporation to act as guardian of the ward and a report on
  766  the ward’s potential to be restored to capacity.
  767         (5)(a) Each office of public guardian shall undergo an
  768  independent audit by a qualified certified public accountant at
  769  least once every 2 years. A copy of the audit report shall be
  770  submitted to the Statewide Public Guardianship Office of Public
  771  and Professional Guardians.
  772         (b) In addition to regular monitoring activities, the
  773  Statewide Public Guardianship Office of Public and Professional
  774  Guardians shall conduct an investigation into the practices of
  775  each office of public guardian related to the managing of each
  776  ward’s personal affairs and property. If feasible, the
  777  investigation shall be conducted in conjunction with the
  778  financial audit of each office of public guardian under
  779  paragraph (a).
  780         (7) The ratio for professional staff to wards shall be 1
  781  professional to 40 wards. The Statewide Public Guardianship
  782  Office of Public and Professional Guardians may increase or
  783  decrease the ratio after consultation with the local public
  784  guardian and the chief judge of the circuit court. The basis for
  785  the decision to increase or decrease the prescribed ratio must
  786  be included in the annual report to the secretary.
  787         Section 21. Section 744.7081, Florida Statutes, is
  788  renumbered as section 744.2104, Florida Statutes, and amended to
  789  read:
  790         744.2104 744.7081 Access to records by the Statewide Public
  791  Guardianship Office of Public and Professional Guardians;
  792  confidentiality.—
  793         (1) Notwithstanding any other provision of law to the
  794  contrary, any medical, financial, or mental health records held
  795  by an agency, or the court and its agencies, or financial audits
  796  prepared by the clerk of the court pursuant to s. 744.368 and
  797  held by the court, which are necessary as part of an
  798  investigation of a guardian as a result of a complaint filed
  799  with the Office of Public and Professional Guardians to evaluate
  800  the public guardianship system, to assess the need for
  801  additional public guardianship, or to develop required reports,
  802  shall be provided to the Statewide Public Guardianship Office of
  803  Public and Professional Guardians upon that office’s request.
  804  Any confidential or exempt information provided to the Statewide
  805  Public Guardianship Office of Public and Professional Guardians
  806  shall continue to be held confidential or exempt as otherwise
  807  provided by law.
  808         (2) All records held by the Statewide Public Guardianship
  809  Office of Public and Professional Guardians relating to the
  810  medical, financial, or mental health of vulnerable adults as
  811  defined in chapter 415, persons with a developmental disability
  812  as defined in chapter 393, or persons with a mental illness as
  813  defined in chapter 394, shall be confidential and exempt from s.
  814  119.07(1) and s. 24(a), Art. I of the State Constitution.
  815         Section 22. Section 744.7082, Florida Statutes, is
  816  renumbered as section 744.2105, Florida Statutes, and
  817  subsections (1) through (5) and (8) of that section are amended,
  818  to read:
  819         744.2105 744.7082 Direct-support organization; definition;
  820  use of property; board of directors; audit; dissolution.—
  821         (1) DEFINITION.—As used in this section, the term “direct
  822  support organization” means an organization whose sole purpose
  823  is to support the Statewide Public Guardianship Office of Public
  824  and Professional Guardians and is:
  825         (a) A not-for-profit corporation incorporated under chapter
  826  617 and approved by the Department of State;
  827         (b) Organized and operated to conduct programs and
  828  activities; to raise funds; to request and receive grants,
  829  gifts, and bequests of moneys; to acquire, receive, hold,
  830  invest, and administer, in its own name, securities, funds,
  831  objects of value, or other property, real or personal; and to
  832  make expenditures to or for the direct or indirect benefit of
  833  the Statewide Public Guardianship Office of Public and
  834  Professional Guardians; and
  835         (c) Determined by the Statewide Public Guardianship Office
  836  of Public and Professional Guardians to be consistent with the
  837  goals of the office, in the best interests of the state, and in
  838  accordance with the adopted goals and mission of the Department
  839  of Elderly Affairs and the Statewide Public Guardianship Office
  840  of Public and Professional Guardians.
  841         (2) CONTRACT.—The direct-support organization shall operate
  842  under a written contract with the Statewide Public Guardianship
  843  Office of Public and Professional Guardians. The written
  844  contract must provide for:
  845         (a) Certification by the Statewide Public Guardianship
  846  Office of Public and Professional Guardians that the direct
  847  support organization is complying with the terms of the contract
  848  and is doing so consistent with the goals and purposes of the
  849  office and in the best interests of the state. This
  850  certification must be made annually and reported in the official
  851  minutes of a meeting of the direct-support organization.
  852         (b) The reversion of moneys and property held in trust by
  853  the direct-support organization:
  854         1. To the Statewide Public Guardianship Office of Public
  855  and Professional Guardians if the direct-support organization is
  856  no longer approved to operate for the office;
  857         2. To the Statewide Public Guardianship Office of Public
  858  and Professional Guardians if the direct-support organization
  859  ceases to exist;
  860         3. To the Department of Elderly Affairs if the Statewide
  861  Public Guardianship Office of Public and Professional Guardians
  862  ceases to exist; or
  863         4. To the state if the Department of Elderly Affairs ceases
  864  to exist.
  865  
  866  The fiscal year of the direct-support organization shall begin
  867  on July 1 of each year and end on June 30 of the following year.
  868         (c) The disclosure of the material provisions of the
  869  contract, and the distinction between the Statewide Public
  870  Guardianship Office of Public and Professional Guardians and the
  871  direct-support organization, to donors of gifts, contributions,
  872  or bequests, including such disclosure on all promotional and
  873  fundraising publications.
  874         (3) BOARD OF DIRECTORS.—The Secretary of Elderly Affairs
  875  shall appoint a board of directors for the direct-support
  876  organization from a list of nominees submitted by the executive
  877  director of the Statewide Public Guardianship Office of Public
  878  and Professional Guardians.
  879         (4) USE OF PROPERTY.—The Department of Elderly Affairs may
  880  permit, without charge, appropriate use of fixed property and
  881  facilities of the department or the Statewide Public
  882  Guardianship Office of Public and Professional Guardians by the
  883  direct-support organization. The department may prescribe any
  884  condition with which the direct-support organization must comply
  885  in order to use fixed property or facilities of the department
  886  or the Statewide Public Guardianship Office of Public and
  887  Professional Guardians.
  888         (5) MONEYS.—Any moneys may be held in a separate depository
  889  account in the name of the direct-support organization and
  890  subject to the provisions of the written contract with the
  891  Statewide Public Guardianship Office of Public and Professional
  892  Guardians. Expenditures of the direct-support organization shall
  893  be expressly used to support the Statewide Public Guardianship
  894  Office of Public and Professional Guardians. The expenditures of
  895  the direct-support organization may not be used for the purpose
  896  of lobbying as defined in s. 11.045.
  897         (8) DISSOLUTION.—A After July 1, 2004, any not-for-profit
  898  corporation incorporated under chapter 617 that is determined by
  899  a circuit court to be representing itself as a direct-support
  900  organization created under this section, but that does not have
  901  a written contract with the Statewide Public Guardianship Office
  902  of Public and Professional Guardians in compliance with this
  903  section, is considered to meet the grounds for a judicial
  904  dissolution described in s. 617.1430(1)(a). The Statewide Public
  905  Guardianship Office of Public and Professional Guardians shall
  906  be the recipient for all assets held by the dissolved
  907  corporation which accrued during the period that the dissolved
  908  corporation represented itself as a direct-support organization
  909  created under this section.
  910         Section 23. Section 744.712, Florida Statutes, is
  911  renumbered as section 744.2106, Florida Statutes, and amended to
  912  read:
  913         744.2106 744.712 Joining Forces for Public Guardianship
  914  grant program; purpose.—The Legislature establishes the Joining
  915  Forces for Public Guardianship matching grant program for the
  916  purpose of assisting counties to establish and fund community
  917  supported public guardianship programs. The Joining Forces for
  918  Public Guardianship matching grant program shall be established
  919  and administered by the Statewide Public Guardianship Office of
  920  Public and Professional Guardians within the Department of
  921  Elderly Affairs. The purpose of the program is to provide
  922  startup funding to encourage communities to develop and
  923  administer locally funded and supported public guardianship
  924  programs to address the needs of indigent and incapacitated
  925  residents.
  926         (1) The Statewide Public Guardianship Office of Public and
  927  Professional Guardians may distribute the grant funds as
  928  follows:
  929         (a) As initial startup funding to encourage counties that
  930  have no office of public guardian to establish an office, or as
  931  initial startup funding to open an additional office of public
  932  guardian within a county whose public guardianship needs require
  933  more than one office of public guardian.
  934         (b) As support funding to operational offices of public
  935  guardian that demonstrate a necessity for funds to meet the
  936  public guardianship needs of a particular geographic area in the
  937  state which the office serves.
  938         (c) To assist counties that have an operating public
  939  guardianship program but that propose to expand the geographic
  940  area or population of persons they serve, or to develop and
  941  administer innovative programs to increase access to public
  942  guardianship in this state.
  943  
  944  Notwithstanding this subsection, the executive director of the
  945  office may award emergency grants if he or she determines that
  946  the award is in the best interests of public guardianship in
  947  this state. Before making an emergency grant, the executive
  948  director must obtain the written approval of the Secretary of
  949  Elderly Affairs. Subsections (2), (3), and (4) do not apply to
  950  the distribution of emergency grant funds.
  951         (2) One or more grants may be awarded within a county.
  952  However, a county may not receive an award that equals, or
  953  multiple awards that cumulatively equal, more than 20 percent of
  954  the total amount of grant funds appropriated during any fiscal
  955  year.
  956         (3) If an applicant is eligible and meets the requirements
  957  to receive grant funds more than once, the Statewide Public
  958  Guardianship Office of Public and Professional Guardians shall
  959  award funds to prior awardees in the following manner:
  960         (a) In the second year that grant funds are awarded, the
  961  cumulative sum of the award provided to one or more applicants
  962  within the same county may not exceed 75 percent of the total
  963  amount of grant funds awarded within that county in year one.
  964         (b) In the third year that grant funds are awarded, the
  965  cumulative sum of the award provided to one or more applicants
  966  within the same county may not exceed 60 percent of the total
  967  amount of grant funds awarded within that county in year one.
  968         (c) In the fourth year that grant funds are awarded, the
  969  cumulative sum of the award provided to one or more applicants
  970  within the same county may not exceed 45 percent of the total
  971  amount of grant funds awarded within that county in year one.
  972         (d) In the fifth year that grant funds are awarded, the
  973  cumulative sum of the award provided to one or more applicants
  974  within the same county may not exceed 30 percent of the total
  975  amount of grant funds awarded within that county in year one.
  976         (e) In the sixth year that grant funds are awarded, the
  977  cumulative sum of the award provided to one or more applicants
  978  within the same county may not exceed 15 percent of the total
  979  amount of grant funds awarded within that county in year one.
  980  
  981  The Statewide Public Guardianship Office of Public and
  982  Professional Guardians may not award grant funds to any
  983  applicant within a county that has received grant funds for more
  984  than 6 years.
  985         (4) Grant funds shall be used only to provide direct
  986  services to indigent wards, except that up to 10 percent of the
  987  grant funds may be retained by the awardee for administrative
  988  expenses.
  989         (5) Implementation of the program is subject to a specific
  990  appropriation by the Legislature in the General Appropriations
  991  Act.
  992         Section 24. Section 744.713, Florida Statutes, is
  993  renumbered as section 744.2107, Florida Statutes, and amended to
  994  read:
  995         744.2107 744.713 Program administration; duties of the
  996  Statewide Public Guardianship Office of Public and Professional
  997  Guardians.—The Statewide Public Guardianship Office of Public
  998  and Professional Guardians shall administer the grant program.
  999  The office shall:
 1000         (1) Publicize the availability of grant funds to entities
 1001  that may be eligible for the funds.
 1002         (2) Establish an application process for submitting a grant
 1003  proposal.
 1004         (3) Request, receive, and review proposals from applicants
 1005  seeking grant funds.
 1006         (4) Determine the amount of grant funds each awardee may
 1007  receive and award grant funds to applicants.
 1008         (5) Develop a monitoring process to evaluate grant
 1009  awardees, which may include an annual monitoring visit to each
 1010  awardee’s local office.
 1011         (6) Ensure that persons or organizations awarded grant
 1012  funds meet and adhere to the requirements of this act.
 1013         Section 25. Section 744.714, Florida Statutes, is
 1014  renumbered as section 744.2108, Florida Statutes, and paragraph
 1015  (b) of subsection (1) and paragraph (b) of subsection (2) of
 1016  that section are amended, to read:
 1017         744.2108 744.714 Eligibility.—
 1018         (1) Any person or organization that has not been awarded a
 1019  grant must meet all of the following conditions to be eligible
 1020  to receive a grant:
 1021         (b) The applicant must have already been appointed by, or
 1022  is pending appointment by, the Statewide Public Guardianship
 1023  Office of Public and Professional Guardians to become an office
 1024  of public guardian in this state.
 1025         (2) Any person or organization that has been awarded a
 1026  grant must meet all of the following conditions to be eligible
 1027  to receive another grant:
 1028         (b) The applicant must have been appointed by, or is
 1029  pending reappointment by, the Statewide Public Guardianship
 1030  Office of Public and Professional Guardians to be an office of
 1031  public guardian in this state.
 1032         Section 26. Section 744.715, Florida Statutes, is
 1033  renumbered as section 744.2109, Florida Statutes, and amended to
 1034  read:
 1035         744.2109 744.715 Grant application requirements; review
 1036  criteria; awards process.—Grant applications must be submitted
 1037  to the Statewide Public Guardianship Office of Public and
 1038  Professional Guardians for review and approval.
 1039         (1) A grant application must contain:
 1040         (a) The specific amount of funds being requested.
 1041         (b) The proposed annual budget for the office of public
 1042  guardian for which the applicant is applying on behalf of,
 1043  including all sources of funding, and a detailed report of
 1044  proposed expenditures, including administrative costs.
 1045         (c) The total number of wards the applicant intends to
 1046  serve during the grant period.
 1047         (d) Evidence that the applicant has:
 1048         1. Attempted to procure funds and has exhausted all
 1049  possible other sources of funding; or
 1050         2. Procured funds from local sources, but the total amount
 1051  of the funds collected or pledged is not sufficient to meet the
 1052  need for public guardianship in the geographic area that the
 1053  applicant intends to serve.
 1054         (e) An agreement or confirmation from a local funding
 1055  source, such as a county, municipality, or any other public or
 1056  private organization, that the local funding source will
 1057  contribute matching funds to the public guardianship program
 1058  totaling not less than $1 for every $1 of grant funds awarded.
 1059  For purposes of this section, an applicant may provide evidence
 1060  of agreements or confirmations from multiple local funding
 1061  sources showing that the local funding sources will pool their
 1062  contributed matching funds to the public guardianship program
 1063  for a combined total of not less than $1 for every $1 of grant
 1064  funds awarded. In-kind contributions, such as materials,
 1065  commodities, office space, or other types of facilities,
 1066  personnel services, or other items as determined by rule shall
 1067  be considered by the office and may be counted as part or all of
 1068  the local matching funds.
 1069         (f) A detailed plan describing how the office of public
 1070  guardian for which the applicant is applying on behalf of will
 1071  be funded in future years.
 1072         (g) Any other information determined by rule as necessary
 1073  to assist in evaluating grant applicants.
 1074         (2) If the Statewide Public Guardianship Office of Public
 1075  and Professional Guardians determines that an applicant meets
 1076  the requirements for an award of grant funds, the office may
 1077  award the applicant any amount of grant funds the executive
 1078  director deems appropriate, if the amount awarded meets the
 1079  requirements of this act. The office may adopt a rule allocating
 1080  the maximum allowable amount of grant funds which may be
 1081  expended on any ward.
 1082         (3) A grant awardee must submit a new grant application for
 1083  each year of additional funding.
 1084         (4)(a) In the first year of the Joining Forces for Public
 1085  Guardianship program’s existence, the Statewide Public
 1086  Guardianship Office of Public and Professional Guardians shall
 1087  give priority in awarding grant funds to those entities that:
 1088         1. Are operating as appointed offices of public guardians
 1089  in this state;
 1090         2. Meet all of the requirements for being awarded a grant
 1091  under this act; and
 1092         3. Demonstrate a need for grant funds during the current
 1093  fiscal year due to a loss of local funding formerly raised
 1094  through court filing fees.
 1095         (b) In each fiscal year after the first year that grant
 1096  funds are distributed, the Statewide Public Guardianship Office
 1097  of Public and Professional Guardians may give priority to
 1098  awarding grant funds to those entities that:
 1099         1. Meet all of the requirements of this section and ss.
 1100  744.2106, 744.2107, and 744.2108 this act for being awarded
 1101  grant funds; and
 1102         2. Submit with their application an agreement or
 1103  confirmation from a local funding source, such as a county,
 1104  municipality, or any other public or private organization, that
 1105  the local funding source will contribute matching funds totaling
 1106  an amount equal to or exceeding $2 for every $1 of grant funds
 1107  awarded by the office. An entity may submit with its application
 1108  agreements or confirmations from multiple local funding sources
 1109  showing that the local funding sources will pool their
 1110  contributed matching funds to the public guardianship program
 1111  for a combined total of not less than $2 for every $1 of grant
 1112  funds awarded. In-kind contributions allowable under this
 1113  section shall be evaluated by the Statewide Public Guardianship
 1114  Office of Public and Professional Guardians and may be counted
 1115  as part or all of the local matching funds.
 1116         Section 27. Subsection (3), paragraph (c) of subsection
 1117  (4), and subsections (5) and (6) of section 744.3135, Florida
 1118  Statutes, are amended to read:
 1119         744.3135 Credit and criminal investigation.—
 1120         (3) For professional guardians, the court and the Statewide
 1121  Public Guardianship Office of Public and Professional Guardians
 1122  shall accept the satisfactory completion of a criminal history
 1123  record check by any method described in this subsection. A
 1124  professional guardian satisfies the requirements of this section
 1125  by undergoing an electronic fingerprint criminal history record
 1126  check. A professional guardian may use any electronic
 1127  fingerprinting equipment used for criminal history record
 1128  checks. By October 1, 2016, the Statewide Public Guardianship
 1129  Office of Public and Professional Guardians shall adopt a rule
 1130  detailing the acceptable methods for completing an electronic
 1131  fingerprint criminal history record check under this section.
 1132  The professional guardian shall pay the actual costs incurred by
 1133  the Federal Bureau of Investigation and the Department of Law
 1134  Enforcement for the criminal history record check. The entity
 1135  completing the record check must immediately send the results of
 1136  the criminal history record check to the clerk of the court and
 1137  the Statewide Public Guardianship Office of Public and
 1138  Professional Guardians. The clerk of the court shall maintain
 1139  the results in the professional guardian’s file and shall make
 1140  the results available to the court.
 1141         (4)
 1142         (c) The Department of Law Enforcement shall search all
 1143  arrest fingerprints received under s. 943.051 against the
 1144  fingerprints retained in the statewide automated biometric
 1145  identification system under paragraph (b). Any arrest record
 1146  that is identified with the fingerprints of a person described
 1147  in this paragraph must be reported to the clerk of court. The
 1148  clerk of court must forward any arrest record received for a
 1149  professional guardian to the Statewide Public Guardianship
 1150  Office of Public and Professional Guardians within 5 days. Each
 1151  professional guardian who elects to submit fingerprint
 1152  information electronically shall participate in this search
 1153  process by paying an annual fee to the Statewide Public
 1154  Guardianship Office of Public and Professional Guardians of the
 1155  Department of Elderly Affairs and by informing the clerk of
 1156  court and the Statewide Public Guardianship Office of Public and
 1157  Professional Guardians of any change in the status of his or her
 1158  guardianship appointment. The amount of the annual fee to be
 1159  imposed for performing these searches and the procedures for the
 1160  retention of professional guardian fingerprints and the
 1161  dissemination of search results shall be established by rule of
 1162  the Department of Law Enforcement. At least once every 5 years,
 1163  the Statewide Public Guardianship Office of Public and
 1164  Professional Guardians must request that the Department of Law
 1165  Enforcement forward the fingerprints maintained under this
 1166  section to the Federal Bureau of Investigation.
 1167         (5)(a) A professional guardian, and each employee of a
 1168  professional guardian who has a fiduciary responsibility to a
 1169  ward, must complete, at his or her own expense, an investigation
 1170  of his or her credit history before and at least once every 2
 1171  years after the date of the guardian’s registration with the
 1172  Statewide Public Guardianship Office of Public and Professional
 1173  Guardians.
 1174         (b) By October 1, 2016, the Statewide Public Guardianship
 1175  Office of Public and Professional Guardians shall adopt a rule
 1176  detailing the acceptable methods for completing a credit
 1177  investigation under this section. If appropriate, the Statewide
 1178  Public Guardianship Office of Public and Professional Guardians
 1179  may administer credit investigations. If the office chooses to
 1180  administer the credit investigation, the office may adopt a rule
 1181  setting a fee, not to exceed $25, to reimburse the costs
 1182  associated with the administration of a credit investigation.
 1183         (6) The Statewide Public Guardianship Office of Public and
 1184  Professional Guardians may inspect at any time the results of
 1185  any credit or criminal history record check of a public or
 1186  professional guardian conducted under this section. The office
 1187  shall maintain copies of the credit or criminal history record
 1188  check results in the guardian’s registration file. If the
 1189  results of a credit or criminal investigation of a public or
 1190  professional guardian have not been forwarded to the Statewide
 1191  Public Guardianship Office of Public and Professional Guardians
 1192  by the investigating agency, the clerk of the court shall
 1193  forward copies of the results of the investigations to the
 1194  office upon receiving them.
 1195         Section 28. Section 744.701, Florida Statutes, is repealed.
 1196         Section 29. Section 744.702, Florida Statutes, is repealed.
 1197         Section 30. Section 744.7101, Florida Statutes, is
 1198  repealed.
 1199         Section 31. Section 744.711, Florida Statutes, is repealed.
 1200         Section 32. Subsection (5) of section 400.148, Florida
 1201  Statutes, is amended to read:
 1202         400.148 Medicaid “Up-or-Out” Quality of Care Contract
 1203  Management Program.—
 1204         (5) The agency shall, jointly with the Statewide Public
 1205  Guardianship Office of Public and Professional Guardians,
 1206  develop a system in the pilot project areas to identify Medicaid
 1207  recipients who are residents of a participating nursing home or
 1208  assisted living facility who have diminished ability to make
 1209  their own decisions and who do not have relatives or family
 1210  available to act as guardians in nursing homes listed on the
 1211  Nursing Home Guide Watch List. The agency and the Statewide
 1212  Public Guardianship Office of Public and Professional Guardians
 1213  shall give such residents priority for publicly funded
 1214  guardianship services.
 1215         Section 33. Paragraph (d) of subsection (3) of section
 1216  744.331, Florida Statutes, is amended to read:
 1217         744.331 Procedures to determine incapacity.—
 1218         (3) EXAMINING COMMITTEE.—
 1219         (d) A member of an examining committee must complete a
 1220  minimum of 4 hours of initial training. The person must complete
 1221  2 hours of continuing education during each 2-year period after
 1222  the initial training. The initial training and continuing
 1223  education program must be developed under the supervision of the
 1224  Statewide Public Guardianship Office of Public and Professional
 1225  Guardians, in consultation with the Florida Conference of
 1226  Circuit Court Judges; the Elder Law and the Real Property,
 1227  Probate and Trust Law sections of The Florida Bar; and the
 1228  Florida State Guardianship Association; and the Florida
 1229  Guardianship Foundation. The court may waive the initial
 1230  training requirement for a person who has served for not less
 1231  than 5 years on examining committees. If a person wishes to
 1232  obtain his or her continuing education on the Internet or by
 1233  watching a video course, the person must first obtain the
 1234  approval of the chief judge before taking an Internet or video
 1235  course.
 1236         Section 34. Paragraph (a) of subsection (1) of section
 1237  20.415, Florida Statutes, is amended to read:
 1238         20.415 Department of Elderly Affairs; trust funds.—The
 1239  following trust funds shall be administered by the Department of
 1240  Elderly Affairs:
 1241         (1) Administrative Trust Fund.
 1242         (a) Funds to be credited to and uses of the trust fund
 1243  shall be administered in accordance with ss. 215.32, 744.534,
 1244  and 744.2001 744.7021.
 1245         Section 35. Paragraph (e) of subsection (2) of section
 1246  415.1102, Florida Statutes, is amended to read:
 1247         415.1102 Adult protection teams.—
 1248         (2) Such teams may be composed of, but need not be limited
 1249  to:
 1250         (e) Public and professional guardians as described in part
 1251  II IX of chapter 744.
 1252         Section 36. Paragraph (a) of subsection (7) of section
 1253  744.309, Florida Statutes, is amended to read:
 1254         744.309 Who may be appointed guardian of a resident ward.—
 1255         (7) FOR-PROFIT CORPORATE GUARDIAN.—A for-profit corporate
 1256  guardian existing under the laws of this state is qualified to
 1257  act as guardian of a ward if the entity is qualified to do
 1258  business in the state, is wholly owned by the person who is the
 1259  circuit’s public guardian in the circuit where the corporate
 1260  guardian is appointed, has met the registration requirements of
 1261  s. 744.2002 s. 744.1083, and posts and maintains a bond or
 1262  insurance policy under paragraph (a).
 1263         (a) The for-profit corporate guardian must meet one of the
 1264  following requirements:
 1265         1. Post and maintain a blanket fiduciary bond of at least
 1266  $250,000 with the clerk of the circuit court in the county in
 1267  which the corporate guardian has its principal place of
 1268  business. The corporate guardian shall provide proof of the
 1269  fiduciary bond to the clerks of each additional circuit court in
 1270  which he or she is serving as a guardian. The bond must cover
 1271  all wards for whom the corporation has been appointed as a
 1272  guardian at any given time. The liability of the provider of the
 1273  bond is limited to the face value of the bond, regardless of the
 1274  number of wards for whom the corporation is acting as a
 1275  guardian. The terms of the bond must cover the acts or omissions
 1276  of each agent or employee of the corporation who has direct
 1277  contact with the ward or access to the assets of the
 1278  guardianship. The bond must be payable to the Governor and his
 1279  or her successors in office and be conditioned on the faithful
 1280  performance of all duties of a guardian under this chapter. The
 1281  bond is in lieu of and not in addition to the bond required
 1282  under s. 744.2003 s. 744.1085 but is in addition to any bonds
 1283  required under s. 744.351. The expenses incurred to satisfy the
 1284  bonding requirements of this section may not be paid with the
 1285  assets of any ward; or
 1286         2. Maintain a liability insurance policy that covers any
 1287  losses sustained by the guardianship caused by errors,
 1288  omissions, or any intentional misconduct committed by the
 1289  corporation’s officers or agents. The policy must cover all
 1290  wards for whom the corporation is acting as a guardian for
 1291  losses up to $250,000. The terms of the policy must cover acts
 1292  or omissions of each agent or employee of the corporation who
 1293  has direct contact with the ward or access to the assets of the
 1294  guardianship. The corporate guardian shall provide proof of the
 1295  policy to the clerk of each circuit court in which he or she is
 1296  serving as a guardian.
 1297         Section 37. Section 744.524, Florida Statutes, is amended
 1298  to read:
 1299         744.524 Termination of guardianship on change of domicile
 1300  of resident ward.—When the domicile of a resident ward has
 1301  changed as provided in s. 744.1098 s. 744.2025, and the foreign
 1302  court having jurisdiction over the ward at the ward’s new
 1303  domicile has appointed a guardian and that guardian has
 1304  qualified and posted a bond in an amount required by the foreign
 1305  court, the guardian in this state may file her or his final
 1306  report and close the guardianship in this state. The guardian of
 1307  the property in this state shall cause a notice to be published
 1308  once a week for 2 consecutive weeks, in a newspaper of general
 1309  circulation published in the county, that she or he has filed
 1310  her or his accounting and will apply for discharge on a day
 1311  certain and that jurisdiction of the ward will be transferred to
 1312  the state of foreign jurisdiction. If an objection is filed to
 1313  the termination of the guardianship in this state, the court
 1314  shall hear the objection and enter an order either sustaining or
 1315  overruling the objection. Upon the disposition of all objections
 1316  filed, or if no objection is filed, final settlement shall be
 1317  made by the Florida guardian. On proof that the remaining
 1318  property in the guardianship has been received by the foreign
 1319  guardian, the guardian of the property in this state shall be
 1320  discharged. The entry of the order terminating the guardianship
 1321  in this state shall not exonerate the guardian or the guardian’s
 1322  surety from any liability previously incurred.
 1323         Section 38. For the 2016-2017 fiscal year, six full-time
 1324  equivalent positions, with associated salary rate of 242,345,
 1325  are authorized and the sums of $698,153 in recurring funds and
 1326  $123,517 in nonrecurring funds from the General Revenue Fund are
 1327  hereby appropriated to the Department of Elder Affairs for the
 1328  purpose of implementing the requirements of the act.
 1329         Section 39. This act shall take effect upon becoming a law.