Florida Senate - 2022 SENATOR AMENDMENT Bill No. CS for CS for CS for HB 1349 Ì488678lÎ488678 LEGISLATIVE ACTION Senate . House . . . Floor: 1/RE/2R . 03/07/2022 08:08 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bradley moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 43 - 136 4 and insert: 5 (1) The Florida Clerks of Court Operations Corporation and 6 the clerks of court shall establish a statewide database of 7 guardian and guardianship case information to facilitate 8 improving court oversight of guardianship cases. The database 9 may not be operational for end users until on or after July 1, 10 2023. The database must meet interoperability standards defined 11 by the Florida Courts Technology Commission so that each circuit 12 court can easily access the information for regular use in 13 judicial proceedings under this chapter. The database must 14 include, at a minimum, the following: 15 (a) The registration status of each professional guardian. 16 (b) The substantiated disciplinary history of each 17 professional guardian. 18 (c) The status of each guardian’s compliance with the 19 statutory qualifications for guardianship under s. 744.2003 or 20 s. 744.3145. 21 (d) The status of statutorily required reports and 22 submissions under chapter 744. 23 (2)(a) Except as provided under paragraph (3)(b), the 24 database shall be accessible only by members of the judiciary, 25 their direct staff, and court personnel and clerks of court 26 personnel authorized by a judge to assist with guardianship 27 matters. The database must restrict access to the information 28 necessary to perform such individual’s duties, but in no way 29 restrict access by judges or magistrates. 30 (b) The database must be searchable by, at a minimum, the 31 name of the petitioner, ward, guardian, and legal counsel for 32 all parties; the demographic information of the ward; the 33 location of the guardian’s office; the name of the judge and the 34 circuit in which the case is brought; and the number of wards 35 served by each guardian, by ward county of residence. 36 (3) The Florida Clerks of Court Operations Corporation 37 shall: 38 (a) Upload certain professional guardian information from 39 the database to a webpage accessible to the general public in a 40 searchable format. Such professional guardian information must 41 be limited to the names of professional guardians and current 42 data regarding the number of wards served by each guardian, the 43 counties of residence of such wards and the number of wards 44 residing in each county, and whether the wards are under limited 45 or plenary guardianships. Personal identifying information of 46 wards may not be included in the data that is searchable under 47 this paragraph. 48 (b) Generate monthly reports of statewide, circuit-level, 49 and county-level statistical data to provide assistance to the 50 courts and the Department of Elderly Affairs and to provide 51 transparency to the public and the Legislature regarding the 52 state’s guardianship system. The monthly reports shall include 53 only aggregated and deidentified data. The Florida Clerks of 54 Court Operations Corporation shall publish the statistical data 55 reports monthly on the webpage under paragraph (a). 56 (c) Generate reports using information in the database at 57 the request of the Legislature, the judiciary, or the Department 58 of Elderly Affairs. 59 (4) The Office of Public and Professional Guardians is 60 directed to share professional guardian registration and 61 disciplinary action information for the purposes of this 62 section. 63 (5)(a) Beginning July 1, 2024, and annually thereafter 64 through July 1, 2027, the Florida Clerks of Court Operations 65 Corporation must compile and report data collected by the clerks 66 of court and the Department of Elderly Affairs and maintained in 67 the database to the Office of Program Policy Analysis and 68 Government Accountability (OPPAGA). 69 (b) OPPAGA must analyze the consolidated data compiled in 70 accordance with paragraph (a) to evaluate trends in the use of 71 guardianships in this state and to conduct a comparative 72 analysis of guardianship laws in other states. OPPAGA must 73 consult with the Office of the State Courts Administrator, the 74 Florida Clerks of Court Operations Corporation, the clerks of 75 court, and the Department of Elderly Affairs during its 76 analysis. OPPAGA shall submit a report containing its findings 77 and recommendations to the Governor, the President of the 78 Senate, and the Speaker of the House of Representatives by 79 October 15, 2024, and annually thereafter through October 15, 80 2027. 81 (c) The data compiled and used for the reports required 82 under this subsection must be produced in a statewide, circuit 83 level, and county-level statistical format. Such reports must 84 include only aggregated and deidentified data and may not 85 contain personal identifying information of wards. 86 Section 2. Subsection (7) is added to section 744.2001, 87 Florida Statutes, to read: 88 744.2001 Office of Public and Professional Guardians.—There 89 is created the Office of Public and Professional Guardians 90 within the Department of Elderly Affairs. 91 (7)(a) On or after July 1, 2023, the Office of Public and 92 Professional Guardians shall publish on its website a profile of 93 each registered professional guardian. The profiles must be 94 accessible and searchable by the public and must include, at a 95 minimum, the following information: 96 1. The guardian’s name and business address. 97 2. Whether the guardian meets the education and bonding 98 requirements under s. 744.2003. 99 3. The number and type of substantiated complaints against 100 the guardian. 101 4. Any disciplinary actions taken by the Department of 102 Elderly Affairs against the guardian. 103 (b) The Department of Elderly Affairs may not populate the 104 professional guardian profiles with information from the 105 database established in s. 744.2112. 106 (c) The Department of Elderly Affairs may adopt rules 107 108 ================= T I T L E A M E N D M E N T ================ 109 And the title is amended as follows: 110 Delete lines 7 - 35 111 and insert: 112 database; specifying restrictions on accessing the 113 database; specifying duties of the corporation 114 relating to uploading certain database information to 115 a certain website and generating and publishing 116 certain reports; providing requirements for the 117 website; requiring the Office of Public and 118 Professional Guardians to share certain data; 119 requiring the corporation to compile and report 120 certain data to the Office of Program Policy Analysis 121 and Government Accountability (OPPAGA) at specified 122 intervals; requiring certain data to be produced in a 123 certain format; requiring OPPAGA to analyze data and 124 prepare reports containing certain information; 125 requiring such reports to be provided to the Governor 126 and the Legislature at specified intervals; providing 127 requirements and prohibitions of such reports; 128 amending s. 744.2001, F.S.; requiring the office to 129 publish online profiles of registered professional 130 guardians on or after a certain date; requiring the 131 online profiles to contain certain information; 132 prohibiting the Department of Elderly Affairs from 133 populating the profiles with certain information; 134 authorizing the department to adopt rules; providing 135 appropriations; providing an