Florida Senate - 2022 SENATOR AMENDMENT Bill No. CS for CS for SB 1710 Ì7198607Î719860 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 03/07/2022 08:58 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bradley moved the following: 1 Senate Substitute for Amendment (821682) (with title 2 amendment) 3 4 Delete lines 71 - 160 5 and insert: 6 accessible only by members of the judiciary, their direct staff, 7 and court personnel and clerks of court personnel authorized by 8 a judge to assist with guardianship matters. The database must 9 restrict access to that information needed to perform an 10 individual court personnel’s duties, but in no way restrict 11 access by judges and magistrates. 12 (2) On or after July 1, 2023, the Florida Clerks of Court 13 Operations Corporation shall also establish a publicly 14 accessible webpage to facilitate improving transparency of 15 guardianship cases to the public. 16 (a) The Florida Clerks of Court Operations Corporation must 17 generate monthly reports of statewide, circuit-level, and 18 county-level statistical data to provide assistance to the 19 courts and the Department of Elderly Affairs, and transparency 20 to the public and policymakers, regarding the state’s 21 guardianship system. Such data reports must include only 22 aggregated and deidentified data and must be published on the 23 webpage established under this subsection. 24 (b) The webpage established under this subsection must 25 include a database that is accessible to and searchable by the 26 public. The database must be searchable by the name of a 27 professional guardian to view current data regarding the number 28 of wards served by that guardian, the counties of residence of 29 such wards, and whether the wards are under limited or plenary 30 guardianships. Such search may not allow access to personal 31 identifying information of wards. 32 (3) The Office of Public and Professional Guardians is 33 directed to share professional guardian registration and 34 disciplinary action data for the purposes of this section. 35 (4) In addition to the reports required under paragraph 36 (2)(a), the Florida Clerks of Court Operations Corporation must 37 also generate reports using information in the databases 38 established under subsection (1) or subsection (2) at the 39 request of the Legislature, the judiciary, or the Department of 40 Elderly Affairs. 41 (5)(a) Beginning July 1, 2024, and annually thereafter 42 through July 1, 2027, the Florida Clerks of Court Operations 43 Corporation shall compile data maintained in the databases 44 established under paragraphs (1)(a) and (2)(b) which has been 45 collected from the clerks of court and the Department of Elderly 46 Affairs and submit such data to the Office of Program Policy 47 Analysis and Government Accountability (OPPAGA). 48 (b) OPPAGA shall analyze the consolidated data compiled in 49 accordance with paragraph (a) to evaluate trends in the use of 50 guardianships in this state and conduct a comparative analysis 51 of guardianship laws in other states. In conducting the 52 analysis, OPPAGA shall consult with the Office of State Courts 53 Administrator, the Clerks of Court Operations Corporation, the 54 clerks of the court, and the Department of Elderly Affairs. 55 OPPAGA shall submit a report containing findings and 56 recommendations to the Governor, the President of the Senate, 57 and the Speaker of the House of Representatives by October 15, 58 2024, and annually thereafter through October 15, 2027. 59 (c) The data compiled and reported under paragraphs (a) and 60 (b) must be produced in a statewide, circuit-level, and county 61 level statistical format. Such reports must include only 62 aggregated and deidentified data. Further, the reports provided 63 under paragraphs (a) and (b) may not contain personal 64 identifying information of wards. 65 Section 2. Subsection (7) is added to section 744.2001, 66 Florida Statutes, to read: 67 744.2001 Office of Public and Professional Guardians.—There 68 is created the Office of Public and Professional Guardians 69 within the Department of Elderly Affairs. 70 (7) On or after July 1, 2023, the Office of Public and 71 Professional Guardians shall 72 73 ================= T I T L E A M E N D M E N T ================ 74 And the title is amended as follows: 75 Delete lines 16 - 29 76 and insert: 77 at the request of certain entities; requiring the 78 corporation to annually compile and submit certain 79 data to the Office of Program Policy Analysis and 80 Government Accountability (OPPAGA); requiring OPPAGA 81 to conduct a certain analysis and submit annual 82 reports to the Governor and the Legislature; 83 specifying requirements for certain data and reports; 84 amending s. 744.2001, F.S.; requiring the Office of 85 Public and Professional Guardians to publish profiles 86 of registered professional guardians on its website on 87 or after a specified date;