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The Florida Senate

2004 Florida Statutes

Section 744.708, Florida Statutes 2004

744.708  Reports and standards.--

(1)  The public guardian shall keep and maintain proper financial, case control, and statistical records on all matters in which the public guardian serves as guardian.

(2)  No report or disclosure of the ward's personal and medical records shall be made, except as authorized by law.

(3)  A public guardian shall file an annual report on the operations of the office of public guardian, in writing, by September 1 for the preceding fiscal year with the Statewide Public Guardianship Office which shall have responsibility for supervision of the operations of the office of public guardian.

(4)  Within 6 months of his or her appointment as guardian of a ward, the public guardian shall submit to the clerk of the court for placement in the ward's guardianship file and to the executive director of the Statewide Public Guardianship Office a report on his or her efforts to locate a family member or friend, other person, bank, or corporation to act as guardian of the ward and a report on the ward's potential to be restored to capacity.

(5)  An independent audit by a qualified certified public accountant shall be performed at least every 2 years. The audit should include an investigation into the practices of the office for managing the person and property of the wards. A copy of the report shall be submitted to the Statewide Public Guardianship Office. In addition, the office of public guardian shall be subject to audits or examinations by the Auditor General and the Office of Program Policy Analysis and Government Accountability pursuant to law.

(6)  The public guardian shall ensure that each ward is seen by a professional staff person at least four times a year.

(7)  The ratio for professional staff to wards shall be 1 professional to 40 wards. The Statewide Public Guardianship Office may increase or decrease the ratio after consultation with the local public guardian and the chief judge of the circuit court. The basis of the decision to increase or decrease the prescribed ratio shall be reported in the annual report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court.

(8)  The term "professional," for purposes of this part, shall not include the public guardian nor the executive director of the Statewide Public Guardianship Office. The term "professional" shall be limited to those persons who exercise direct supervision of individual wards under the direction of the public guardian.

History.--s. 1, ch. 86-120; s. 103, ch. 89-96; s. 17, ch. 96-354; s. 1791, ch. 97-102; s. 8, ch. 99-277; s. 127, ch. 2001-266.