Florida Senate - 2018                                    SB 1002
       
       
        
       By Senator Passidomo
       
       
       
       
       
       28-01378-18                                           20181002__
    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; prohibiting the
   19         clerk’s advice to the court from being considered an
   20         ex parte communication; amending s. 744.3701, F.S.;
   21         authorizing the clerk to disclose confidential
   22         information to the Department of Children and Families
   23         or law enforcement agencies for certain purposes as
   24         provided by court order; amending s. 744.444, F.S.;
   25         authorizing certain guardians of property to provide
   26         confidential information about a ward which is related
   27         to an investigation arising under specified provisions
   28         to a clerk or to an Office of Public and Professional
   29         Guardians investigator conducting such an
   30         investigation; providing that any such clerk or Office
   31         of Public and Professional Guardians investigator has
   32         a duty to maintain the confidentiality of such
   33         information; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Subsection (1) of section 744.2104, Florida
   38  Statutes, is amended to read:
   39         744.2104 Access to records by the Office of Public and
   40  Professional Guardians; confidentiality.—
   41         (1) Notwithstanding any other provision of law to the
   42  contrary, any medical, financial, or mental health records held
   43  by an agency, or the court and its agencies, or financial audits
   44  prepared by the clerk of the court pursuant to s. 744.368 and
   45  held by the court, which are necessary as part of an
   46  investigation of a guardian as a result of a complaint filed
   47  with the Office of Public and Professional Guardians or its
   48  designee to evaluate the public guardianship system, to assess
   49  the need for additional public guardianship, or to develop
   50  required reports, shall be provided to the Office of Public and
   51  Professional Guardians upon that office’s request. Any
   52  confidential or exempt information provided to the Office of
   53  Public and Professional Guardians shall continue to be held
   54  confidential or exempt as otherwise provided by law.
   55         Section 2. Subsection (5) of section 744.368, Florida
   56  Statutes, is amended, and subsection (8) is added to that
   57  section, to read:
   58         744.368 Responsibilities of the clerk of the circuit
   59  court.—
   60         (5) If the clerk has reason to believe further review is
   61  appropriate, the clerk may request and review records and
   62  documents that reasonably impact guardianship assets, including,
   63  but not limited to, the beginning inventory balance and any fees
   64  charged to the guardianship. As a part of this review, the clerk
   65  may conduct audits and may cause the initial and annual
   66  guardianship reports to be audited. The clerk shall advise the
   67  court of the results of any such audit. Any fee or cost incurred
   68  by the guardian in responding to the review or audit may not be
   69  paid or reimbursed by the ward’s assets if there is a finding of
   70  wrongdoing by the court.
   71         (8)The clerk’s advice to the court may not be considered
   72  an ex parte communication.
   73         Section 3. Subsection (4) is added to section 744.3701,
   74  Florida Statutes, to read:
   75         744.3701 Confidentiality.—
   76         (4) The clerk may disclose confidential information to the
   77  Department of Children and Families or law enforcement agencies
   78  for other purposes as provided by court order.
   79         Section 4. Subsection (17) of section 744.444, Florida
   80  Statutes, is amended to read:
   81         744.444 Power of guardian without court approval.—Without
   82  obtaining court approval, a plenary guardian of the property, or
   83  a limited guardian of the property within the powers granted by
   84  the order appointing the guardian or an approved annual or
   85  amended guardianship report, may:
   86         (17) Provide confidential information about a ward which
   87  that is related to an investigation arising under s. 744.368 to
   88  the clerk, part II of this chapter to an Office of Public and
   89  Professional Guardians investigator, or part I of chapter 400 to
   90  a local or state ombudsman council member conducting such an
   91  investigation. Any such clerk, Office of Public and Professional
   92  Guardians investigator, or ombudsman shall have a duty to
   93  maintain the confidentiality of such information.
   94         Section 5. This act shall take effect July 1, 2018.