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 87thatis 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.