The Florida Senate

744.1083  Professional guardian registration.--

(1)  A professional guardian must register with the Statewide Public Guardianship Office established in part IX of this chapter.

(2)  Annual registration shall be made on forms furnished by the Statewide Public Guardianship Office and accompanied by the applicable registration fee as determined by rule. The fee may not exceed $100.

(3)  Registration must include the following:

(a)  If the professional guardian is a natural person, the name, address, date of birth, and employer identification or social security number of the professional guardian.

(b)  If the professional guardian is a partnership or association, the name, address, and date of birth of every member, and the employer identification number of the partnership or association.

(c)  If the professional guardian is a corporation, the name, address, and employer identification number of the corporation; the name, address, and date of birth of each of its directors and officers; the name of its resident agent; and the name, address, and date of birth of each person having at least a 10-percent interest in the corporation.

(d)  The name, address, date of birth, and employer identification number, if applicable, of each person providing guardian-delegated financial or personal guardianship services for wards.

(e)  Documentation that the bonding and educational requirements of s. 744.1085 have been met.

(f)  Sufficient information to distinguish a guardian providing guardianship services as a public guardian, individually, through partnership, corporation, or any other business organization.

(4)  Prior to registering a professional guardian, the Statewide Public Guardianship Office must receive and review copies of the credit and criminal investigations conducted under s. 744.3135 The credit and criminal investigations must have been completed within the previous 2 years.

(5)  The executive director of the office may deny registration to a professional guardian if the executive director determines that the guardian's proposed registration, including the guardian's credit or criminal investigations, indicates that registering the professional guardian would violate any provision of this chapter. If the executive director denies registration to a professional guardian, the Statewide Public Guardianship Office must send written notification of the denial to the chief judge of each judicial circuit in which the guardian was serving on the day of the office's decision to deny registration.

(6)  The Department of Elderly Affairs may adopt rules necessary to administer this section.

(7)  A trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state, may, but is not required to, register as a professional guardian under this section. If a trust company, state banking corporation, state savings association, national banking association, or federal savings and loan association described in this subsection elects to register as a professional guardian under this subsection, the requirements of subsections (3) and (4) do not apply and the registration must include only the name, address, and employer identification number of the registrant, the name and address of its registered agent, if any, and the documentation described in paragraph (3)(e).

(8)  The Department of Elderly Affairs may contract with the Florida Guardianship Foundation or other not-for-profit entity to register professional guardians.

(9)  The department or its contractor shall ensure that the clerks of the court and the chief judge of each judicial circuit receive information about each registered professional guardian.

(10)  A state college or university or an independent college or university described in s. 1009.98(3)(a), may, but is not required to, register as a professional guardian under this section. If a state college or university or independent college or university elects to register as a professional guardian under this subsection, the requirements of subsection (3) do not apply and the registration must include only the name, address, and employer identification number of the registrant.

History.--s. 3, ch. 2002-195; s. 8, ch. 2003-57; s. 10, ch. 2004-260.