Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. CS for SB 1710
Ì483144"Î483144
LEGISLATIVE ACTION
Senate . House
Comm: RS .
02/28/2022 .
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The Committee on Appropriations (Bradley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 744.2112, Florida Statutes, is created
6 to read:
7 744.2112 Guardianship Data Collection and transparency.—
8 (1)(a) On or after July 1, 2023, the Florida Clerks of
9 Court Operations Corporation and the clerks of court shall
10 establish a statewide database of guardianship information that
11 shall be accessible to and searchable by the courts to
12 facilitate improving court oversight of guardianship cases. The
13 database must meet interoperability standards defined by the
14 Florida Courts Technology Commission such that each circuit
15 court can easily access the data for regular use in judicial
16 proceedings. The database must include, at a minimum, all of the
17 following:
18 1. The status of each professional guardian’s bond,
19 registration data, substantiated disciplinary history provided
20 by the Office of Public and Professional Guardians, and the
21 grounds that constitute the misconduct leading to the
22 discipline.
23 2. Information regarding the status of each guardian’s
24 compliance with the statutory qualifications for guardianship.
25 3. The status of statutorily required annual registrations
26 for the professional guardian as required by section
27 744.2002(2), and the status of reports and submissions
28 statutorily required under chapter 744.
29 (b) The database must be searchable by, at a minimum, the
30 name of the petitioner, ward, guardian, guardian advocate, legal
31 counsel for all parties, and other parties to a case; the
32 demographic information of the ward; the guardian’s location;
33 and the name of the judge and circuit in which the case is
34 brought. The database must have the ability to generate
35 statewide and circuit-level statistical data to provide
36 assistance to the courts. The Office of Public and Professional
37 Guardians is directed to share professional guardian
38 registration and substantiated disciplinary data with the
39 Florida Clerks of Court Operations Corporation for the purposes
40 of inclusion in the database pursuant to this subsection.
41 (2) On or after July 1, 2023, the Office of Public and
42 Professional Guardians shall publish a profile of each
43 registered professional guardian on its website. The profiles
44 must be accessible to and searchable by the public and must
45 include, at a minimum, the information submitted to the Office
46 of Public and Professional Guardians under section 744.2002,
47 whether any complaints against the professional guardian have
48 been substantiated, and any disciplinary actions taken by the
49 Department of Elderly Affairs. The department may adopt rules to
50 implement the provisions of this subsection.
51 (3)(a) Beginning July 1, 2024, and annually thereafter
52 through July 1, 2027, the Florida Clerks of Court Operation
53 Corporation shall compile and report data maintained in the
54 database that has been collected from the clerks of court and
55 the department and submit such data to the Office of Program
56 Policy Analysis and Governmental Accountability (OPPAGA).
57 (b) The OPPAGA must analyze the consolidated data compiled
58 in accordance with paragraph (a) to evaluate trends in the use
59 and effectiveness of guardianships in this state and conduct a
60 comparative analysis of guardianship laws in other states. In
61 conducting the report, the OPPAGA shall consult with the Office
62 of State Courts Administration, the Florida Clerks of Court
63 Operation Corporation, the clerks of the court, and the
64 department. The OPPAGA shall submit a report containing findings
65 and recommendations to the Governor, the President of the
66 Senate, the Speaker of the House of Representatives by October
67 15, 2024, and annually thereafter through October 15, 2027.
68 (c) The reports provided under paragraphs (a) and (b) must
69 not contain personal identifying information of wards.
70 Section 2. For the 2022-2023 fiscal year, the sum of
71 $2,400,000 in nonrecurring funds is appropriated from the
72 General Revenue Fund to the Justice Administrative Commission
73 for distribution to the Florida Clerks of Court Operations
74 Corporation for the purpose of implementing this act.
75 Section 3. For the 2022-2023 fiscal year, the sums of
76 $40,000 in recurring funds and $300,000 in nonrecurring funds
77 are appropriated from the General Revenue Fund to the Department
78 of Elderly Affairs for the purpose of implementing this act.
79 Section 4. This act shall take effect July 1, 2022.
80 ================= T I T L E A M E N D M E N T ================
81 And the title is amended as follows:
82 Delete everything before the enacting clause
83 and insert:
84 A bill to be entitled
85 An act relating to guardianship data transparency;
86 creating s. 744.2112, F.S.; requiring the Florida
87 Clerks of Court Operations Corporation and the clerks
88 of court to establish a statewide database of
89 guardianship data on or after a certain date;
90 requiring the database to meet certain
91 interoperability standards; requiring the database to
92 contain certain information; limiting access to the
93 database to certain persons; requiring the Office of
94 Public and Professional Guardians to provide certain
95 data for use in the database; requiring the database
96 to be searchable in specified ways; requiring the
97 database to be able to generate certain statistical
98 data; requiring the Office of Public and Professional
99 Guardians to publish online profiles of registered
100 professional guardians on or after a certain date;
101 requiring the online profiles to contain certain
102 information; requiring the profiles to be accessible
103 to and searchable by the public; requiring the
104 profiles to include certain information; providing
105 rulemaking authority; requiring the Florida Clerks of
106 Court Operations Corporation and clerks of court to
107 analyze and compile data by a certain date; requiring
108 the Office of Program Policy Analysis and Governmental
109 Accountability to analyze data and prepare reports
110 containing certain information; requiring the reports
111 be provided annually to the Governor, the President of
112 the Senate, and the Speaker of the House of
113 Representatives by a certain date; prohibiting the
114 reports from containing certain information; providing
115 appropriations; providing an effective date.