Florida Senate - 2020                              CS for SB 344
       By the Committee on Judiciary; and Senator Bradley
       590-01185-20                                           2020344c1
    1                        A bill to be entitled                      
    2         An act relating to courts; amending s. 28.345, F.S.;
    3         specifying that certain exemptions from court-related
    4         fees and charges apply to certain entities; amending
    5         s. 744.2008, F.S.; requiring the court to waive any
    6         court costs or filing fees for certain proceedings
    7         involving public guardians; amending s. 744.3675,
    8         F.S.; providing that certain examinations may be
    9         performed and reports prepared by a physician
   10         assistant or an advanced practice registered nurse
   11         under certain circumstances; providing an effective
   12         date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 28.345, Florida Statutes, is amended to
   17  read:
   18         28.345 State access to records; exemption from court
   19  related fees and charges.—
   20         (1) Notwithstanding any other provision of law, the clerk
   21  of the circuit court shall, upon request, provide access to
   22  public records without charge to the state attorney, public
   23  defender, guardian ad litem, public guardian, attorney ad litem,
   24  criminal conflict and civil regional counsel, and private court
   25  appointed counsel paid by the state, and to authorized staff
   26  acting on their behalf. The clerk of court may provide the
   27  requested public record in an electronic format in lieu of a
   28  paper format if the requesting entity is capable of accessing
   29  such public record electronically.
   30         (2) Notwithstanding any other provision of this chapter or
   31  law to the contrary, judges and those court staff acting on
   32  behalf of judges, state attorneys, guardians ad litem, public
   33  guardians, attorneys ad litem, court-appointed private counsel,
   34  criminal conflict and civil regional counsel, public defenders,
   35  and state agencies, while acting in their official capacity, are
   36  exempt from all court-related fees and charges assessed by the
   37  clerks of the circuit courts.
   38         (3) The exemptions from fees or charges provided in this
   39  section apply only to entities listed in subsections (1) and
   40  (2), state agencies and state entities, and the party
   41  represented by the agency or entity.
   42         Section 2. Section 744.2008, Florida Statutes, is amended
   43  to read:
   44         744.2008 Costs of public guardian.—
   45         (1) All costs of administration, including filing fees,
   46  shall be paid from the budget of the office of public guardian.
   47  No costs of administration, including filing fees, shall be
   48  recovered from the assets or the income of the ward.
   49         (2) In any proceeding for appointment of a public guardian,
   50  or in any proceeding involving the estate of a ward for whom a
   51  public guardian has been appointed guardian, the court shall may
   52  waive any court costs or filing fees.
   53         Section 3. Paragraph (b) of subsection (1) of section
   54  744.3675, Florida Statutes, is amended to read:
   55         744.3675 Annual guardianship plan.—Each guardian of the
   56  person must file with the court an annual guardianship plan
   57  which updates information about the condition of the ward. The
   58  annual plan must specify the current needs of the ward and how
   59  those needs are proposed to be met in the coming year.
   60         (1) Each plan for an adult ward must, if applicable,
   61  include:
   62         (b) Information concerning the medical and mental health
   63  conditions and treatment and rehabilitation needs of the ward,
   64  including:
   65         1. A resume of any professional medical treatment given to
   66  the ward during the preceding year.
   67         2. The report of a physician who examined the ward no more
   68  than 90 days before the beginning of the applicable reporting
   69  period. If the guardian has requested a physician to complete
   70  the examination and prepare the report and the physician has
   71  delegated that responsibility, the examination may be performed
   72  and the report may be prepared and signed by a physician
   73  assistant acting pursuant to s. 458.347(4)(h) or s.
   74  459.022(4)(g), or by an advanced practice registered nurse
   75  acting pursuant to s. 464.012(3). The report must contain an
   76  evaluation of the ward’s condition and a statement of the
   77  current level of capacity of the ward.
   78         3. The plan for providing medical, mental health, and
   79  rehabilitative services in the coming year.
   80         Section 4. This act shall take effect July 1, 2020.