Florida Senate - 2019 SB 1338
By Senator Rodriguez
37-01934A-19 20191338__
1 A bill to be entitled
2 An act relating to guardianship; amending s. 744.1097,
3 F.S.; applying provisions relating to the
4 determination of venue in proceedings for the
5 appointment of a guardian to minors; amending s.
6 744.331, F.S.; requiring that a court dismiss a
7 petition for determination of incapacity if all
8 members of the examining committee conclude that the
9 person is not incapacitated, unless a certain motion
10 is filed within a specified period; providing
11 requirements for such motion; requiring the court to
12 rule on the motion as soon as practicable; authorizing
13 the court to impose sanctions under certain
14 circumstances; amending s. 744.3701, F.S.; making
15 technical revisions; providing for retroactive
16 application; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 744.1097, Florida Statutes, is amended
21 to read:
22 744.1097 Venue.—
23 (1) The venue in proceedings for declaration of incapacity
24 shall be where the alleged incapacitated person resides or is
25 found. The provisions of This section does do not apply to
26 veterans.
27 (2) The venue in proceedings for the appointment of a
28 guardian is shall be:
29 (a) If the incapacitated person or minor is a resident of
30 this state, in the county where the incapacitated person or
31 minor resides.
32 (b) If the incapacitated person or minor is not a resident
33 of this state, in any county in this state where property of the
34 incapacitated person or minor is located.
35 (c) If the incapacitated person or minor is not a resident
36 of this state and owns no property in this state, in the county
37 where any debtor of the incapacitated person or minor resides.
38 (3) When the residence of an incapacitated person or minor
39 is changed to another county, the guardian shall petition to
40 have the venue of the guardianship changed to the county of the
41 acquired residence, except as provided in s. 744.1098.
42 (4) If an incapacitated person or minor is a resident of
43 this state and is found in a county other than the county of
44 residence, the venue for declaration of incapacity and for the
45 appointment of a guardian may be the county where the
46 incapacitated person or minor is found. Upon transfer of the
47 incapacitated person or minor to the county of residence, the
48 guardian may have the venue of the guardianship changed to the
49 county of residence and a successor guardian may be appointed.
50 Section 2. Subsection (4) of section 744.331, Florida
51 Statutes is amended to read:
52 744.331 Procedures to determine incapacity.—
53 (4) DISMISSAL OF PETITION.—If all three members of the
54 examining committee conclude that the alleged incapacitated
55 person is not incapacitated in any respect, the court must
56 dismiss the petition unless a verified motion that challenges
57 the examining committee’s conclusion is filed no later than 10
58 days after service of the last examining committee report. The
59 verified motion must make a reasonable showing, by evidence in
60 the record or proffered, that a hearing on the petition is
61 necessary. The court shall rule on the verified motion as soon
62 as is practicable. If the court finds that the verified motion
63 is filed in bad faith, the court may impose sanctions under
64 subparagraph (7)(c)2. If a majority of the examining committee
65 members conclude that the alleged incapacitated person is not
66 incapacitated in any respect, the court shall dismiss the
67 petition.
68 Section 3. Subsection (1) of section 744.3701, Florida
69 Statutes, is amended to read:
70 744.3701 Confidentiality.—
71 (1) Unless otherwise ordered by the court, upon a showing
72 of good cause, or unless otherwise provided by this chapter, an
73 initial, annual, or final guardianship report or amendment
74 thereto, or a court record relating to the settlement of a
75 claim, is subject to inspection only by any of the following:
76 (a) The court.,
77 (b) The clerk or the clerk’s representative.,
78 (c) The guardian and the guardian’s attorney.,
79 (d) The guardian ad litem with regard to the settlement of
80 the claim.,
81 (e) The ward if he or she is at least 14 years of age and
82 has not been determined to be totally incapacitated.,
83 (f) The ward’s attorney.,
84 (g) The minor if he or she is at least 14 years of age., or
85 (h) The attorney representing the minor with regard to the
86 minor’s claim, or as otherwise provided by this chapter.
87 Section 4. This act applies retroactively to all
88 proceedings pending before the effective date of this act and to
89 all proceedings commenced on or after the effective date of this
90 act.
91 Section 5. This act shall take effect upon becoming a law.