Florida Senate - 2018                             CS for SB 1002
       
       
        
       By the Committee on Appropriations; and Senators Passidomo and
       Bean
       
       
       
       
       576-03576-18                                          20181002c1
    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 the
    7         Office of Public and Professional Guardians to be
    8         provided to the office or its designee upon that
    9         office’s request; amending s. 744.368, F.S.;
   10         authorizing the clerk of the court to conduct audits
   11         and cause the initial and annual guardianship reports
   12         to be audited under certain circumstances; requiring
   13         the clerk to advise the court of the results of any
   14         such audit; prohibiting any fee or cost incurred by
   15         the guardian in responding to the review or audit from
   16         being paid or reimbursed by the ward’s assets if there
   17         is a finding of wrongdoing by the court; amending s.
   18         744.3701, F.S.; authorizing the clerk to disclose
   19         confidential information to the Department of Children
   20         and Families or law enforcement agencies for certain
   21         purposes as provided by court order; amending s.
   22         744.444, F.S.; authorizing certain guardians of
   23         property to provide confidential information about a
   24         ward which is related to an investigation arising
   25         under specified provisions to a clerk or to an Office
   26         of Public and Professional Guardians investigator
   27         conducting such an investigation; providing that any
   28         such clerk or Office of Public and Professional
   29         Guardians investigator has a duty to maintain the
   30         confidentiality of such information; providing an
   31         effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsection (1) of section 744.2104, Florida
   36  Statutes, is amended to read:
   37         744.2104 Access to records by the Office of Public and
   38  Professional Guardians; confidentiality.—
   39         (1) Notwithstanding any other provision of law to the
   40  contrary, any medical, financial, or mental health records held
   41  by an agency, or the court and its agencies, or financial audits
   42  prepared by the clerk of the court pursuant to s. 744.368 and
   43  held by the court, which are necessary as part of an
   44  investigation of a guardian as a result of a complaint filed
   45  with the Office of Public and Professional Guardians to evaluate
   46  the public guardianship system, to assess the need for
   47  additional public guardianship, or to develop required reports,
   48  shall be provided to the Office of Public and Professional
   49  Guardians or its designee upon that office’s request. Any
   50  confidential or exempt information provided to the Office of
   51  Public and Professional Guardians shall continue to be held
   52  confidential or exempt as otherwise provided by law.
   53         Section 2. Subsection (5) of section 744.368, Florida
   54  Statutes, is amended to read:
   55         744.368 Responsibilities of the clerk of the circuit
   56  court.—
   57         (5) If the clerk has reason to believe further review is
   58  appropriate, the clerk may request and review records and
   59  documents that reasonably impact guardianship assets, including,
   60  but not limited to, the beginning inventory balance and any fees
   61  charged to the guardianship. As a part of this review, the clerk
   62  may conduct audits and may cause the initial and annual
   63  guardianship reports to be audited. The clerk shall advise the
   64  court of the results of any such audit. Any fee or cost incurred
   65  by the guardian in responding to the review or audit may not be
   66  paid or reimbursed by the ward’s assets if there is a finding of
   67  wrongdoing by the court.
   68         Section 3. Subsection (4) is added to section 744.3701,
   69  Florida Statutes, to read:
   70         744.3701 Confidentiality.—
   71         (4) The clerk may disclose confidential information to the
   72  Department of Children and Families or law enforcement agencies
   73  for other purposes as provided by court order.
   74         Section 4. Subsection (17) of section 744.444, Florida
   75  Statutes, is amended to read:
   76         744.444 Power of guardian without court approval.—Without
   77  obtaining court approval, a plenary guardian of the property, or
   78  a limited guardian of the property within the powers granted by
   79  the order appointing the guardian or an approved annual or
   80  amended guardianship report, may:
   81         (17) Provide confidential information about a ward which
   82  that is related to an investigation arising under s. 744.368 to
   83  the clerk, part II of this chapter to an Office of Public and
   84  Professional Guardians investigator, or part I of chapter 400 to
   85  a local or state ombudsman council member conducting such an
   86  investigation. Any such clerk, Office of Public and Professional
   87  Guardians investigator, or ombudsman shall have a duty to
   88  maintain the confidentiality of such information.
   89         Section 5. This act shall take effect July 1, 2018.