Florida Senate - 2018              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1002
       
       
       
       
       
                               Ì799584]Î799584                          
       
       576-03014-18                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to guardianship; amending s. 744.2104,
    3         F.S.; requiring certain medical, financial, or mental
    4         health records or financial audits that are necessary
    5         as part of an investigation of a guardian as a result
    6         of a complaint filed for certain purposes with a
    7         designee of the Office of Public and Professional
    8         Guardians to be provided to the Office of Public and
    9         Professional Guardians upon that office’s request;
   10         amending s. 744.368, F.S.; authorizing the clerk of
   11         the court to conduct audits and cause the initial and
   12         annual guardianship reports to be audited under
   13         certain circumstances; requiring the clerk to advise
   14         the court of the results of any such audit;
   15         prohibiting any fee or cost incurred by the guardian
   16         in responding to the review or audit from being paid
   17         or reimbursed by the ward’s assets if there is a
   18         finding of wrongdoing by the court; amending s.
   19         744.3701, F.S.; authorizing the clerk to disclose
   20         confidential information to the Department of Children
   21         and Families or law enforcement agencies for certain
   22         purposes as provided by court order; amending s.
   23         744.444, F.S.; authorizing certain guardians of
   24         property to provide confidential information about a
   25         ward which is related to an investigation arising
   26         under specified provisions to a clerk or to an Office
   27         of Public and Professional Guardians investigator
   28         conducting such an investigation; providing that any
   29         such clerk or Office of Public and Professional
   30         Guardians investigator has a duty to maintain the
   31         confidentiality of such information; providing an
   32         effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsection (1) of section 744.2104, Florida
   37  Statutes, is amended to read:
   38         744.2104 Access to records by the Office of Public and
   39  Professional Guardians; confidentiality.—
   40         (1) Notwithstanding any other provision of law to the
   41  contrary, any medical, financial, or mental health records held
   42  by an agency, or the court and its agencies, or financial audits
   43  prepared by the clerk of the court pursuant to s. 744.368 and
   44  held by the court, which are necessary as part of an
   45  investigation of a guardian as a result of a complaint filed
   46  with the Office of Public and Professional Guardians or its
   47  designee to evaluate the public guardianship system, to assess
   48  the need for additional public guardianship, or to develop
   49  required reports, shall be provided to the Office of Public and
   50  Professional Guardians upon that office’s request. Any
   51  confidential or exempt information provided to the Office of
   52  Public and Professional Guardians shall continue to be held
   53  confidential or exempt as otherwise provided by law.
   54         Section 2. Subsection (5) of section 744.368, Florida
   55  Statutes, is amended to read:
   56         744.368 Responsibilities of the clerk of the circuit
   57  court.—
   58         (5) If the clerk has reason to believe further review is
   59  appropriate, the clerk may request and review records and
   60  documents that reasonably impact guardianship assets, including,
   61  but not limited to, the beginning inventory balance and any fees
   62  charged to the guardianship. As a part of this review, the clerk
   63  may conduct audits and may cause the initial and annual
   64  guardianship reports to be audited. The clerk shall advise the
   65  court of the results of any such audit. Any fee or cost incurred
   66  by the guardian in responding to the review or audit may not be
   67  paid or reimbursed by the ward’s assets if there is a finding of
   68  wrongdoing by the court.
   69         Section 3. Subsection (4) is added to section 744.3701,
   70  Florida Statutes, to read:
   71         744.3701 Confidentiality.—
   72         (4) The clerk may disclose confidential information to the
   73  Department of Children and Families or law enforcement agencies
   74  for other purposes as provided by court order.
   75         Section 4. Subsection (17) of section 744.444, Florida
   76  Statutes, is amended to read:
   77         744.444 Power of guardian without court approval.—Without
   78  obtaining court approval, a plenary guardian of the property, or
   79  a limited guardian of the property within the powers granted by
   80  the order appointing the guardian or an approved annual or
   81  amended guardianship report, may:
   82         (17) Provide confidential information about a ward which
   83  that is related to an investigation arising under s. 744.368 to
   84  the clerk, part II of this chapter to an Office of Public and
   85  Professional Guardians investigator, or part I of chapter 400 to
   86  a local or state ombudsman council member conducting such an
   87  investigation. Any such clerk, Office of Public and Professional
   88  Guardians investigator, or ombudsman shall have a duty to
   89  maintain the confidentiality of such information.
   90         Section 5. This act shall take effect July 1, 2018.