Bill Text: FL S0232 | 2016 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Guardianship

Spectrum: Slight Partisan Bill (Republican 26-14-3)

Status: (Passed) 2016-03-10 - Chapter No. 2016-40 [S0232 Detail]

Download: Florida-2016-S0232-Comm_Sub.html
       Florida Senate - 2016                CS for CS for CS for SB 232
       
       
        
       By the Committees on Fiscal Policy; Judiciary; and Children,
       Families, and Elder Affairs; and Senators Detert, Joyner, and
       Margolis
       
       594-02144-16                                           2016232c3
    1                        A bill to be entitled                      
    2         An act relating to guardianship; providing directives
    3         to the Division of Law Revision and Information;
    4         amending s. 744.1012, F.S.; revising legislative
    5         intent; renumbering s. 744.201, F.S., relating to
    6         domicile of ward; renumbering and amending s. 744.202,
    7         F.S.; conforming a cross-reference; renumbering s.
    8         744.2025, F.S., relating to change of ward’s
    9         residence; renumbering and amending s. 744.7021, F.S.;
   10         renaming the Statewide Public Guardianship Office to
   11         the Office of Public and Professional Guardians;
   12         revising the duties and responsibilities of the
   13         executive director for the Office of Public and
   14         Professional Guardians; conforming provisions to
   15         changes made by the act; renumbering and amending s.
   16         744.1083, F.S.; providing that a guardian has standing
   17         to seek judicial review pursuant to ch. 120, F.S., if
   18         his or her registration is denied; removing a
   19         provision authorizing the executive director to
   20         suspend or revoke the registration of a guardian who
   21         commits certain violations; removing the requirement
   22         of written notification to the chief judge of the
   23         judicial circuit upon the executive director’s denial,
   24         suspension, or revocation of a registration;
   25         conforming provisions to changes made by the act;
   26         conforming a cross-reference; renumbering and amending
   27         s. 744.1085, F.S.; conforming provisions to changes
   28         made by the act; removing an obsolete provision;
   29         conforming a cross-reference; creating s. 744.2004,
   30         F.S.; requiring the Office of Public and Professional
   31         Guardians to establish certain procedures by a
   32         specified date; requiring the office to establish
   33         disciplinary proceedings, conduct hearings, and take
   34         administrative action pursuant to ch. 120, F.S.;
   35         requiring the Department of Elderly Affairs to provide
   36         certain written information in disciplinary
   37         proceedings; requiring that certain findings and
   38         recommendations be made within a certain time;
   39         requiring the office, under certain circumstances, to
   40         make a specified recommendation to a court of
   41         competent jurisdiction; requiring the office to report
   42         determination or suspicion of abuse to the Department
   43         of Children and Families’ central abuse hotline under
   44         specified circumstances; requiring the Department of
   45         Elderly Affairs to adopt rules; creating s. 744.20041,
   46         F.S.; specifying the acts by a professional guardian
   47         that constitute grounds for the Office of Public and
   48         Professional Guardians to take specified disciplinary
   49         actions; specifying penalties that the Office of
   50         Public and Professional Guardians may impose;
   51         requiring the Office of Public and Professional
   52         Guardians to consider sanctions necessary to safeguard
   53         wards and to protect the public; requiring the Office
   54         of Public and Professional Guardians to adopt by rule
   55         and periodically review disciplinary guidelines;
   56         providing legislative intent for the disciplinary
   57         guidelines; requiring the Office of Public and
   58         Professional Guardians to designate by rule possible
   59         mitigating and aggravating circumstances and the
   60         variation and range of penalties; requiring an
   61         administrative law judge to follow the Office of
   62         Public and Professional Guardians’ disciplinary
   63         guidelines when recommending penalties; requiring the
   64         administrative law judge to provide written mitigating
   65         or aggravating circumstances under certain
   66         circumstances; authorizing the Office of Public and
   67         Professional Guardians to impose a penalty other than
   68         those in the disciplinary guidelines under certain
   69         circumstances; authorizing the Office of Public and
   70         Professional Guardians to seek an injunction or a writ
   71         of mandamus for specified violations; providing for
   72         permanent revocation of a professional guardian’s
   73         registration by the Office of Public and Professional
   74         Guardians under certain circumstances; requiring the
   75         Office of Public and Professional Guardians to notify
   76         a court of the determination to suspend or revoke the
   77         professional guardian’s registration under certain
   78         circumstances; providing that cross-references are
   79         considered a general reference for the purpose of
   80         incorporation by reference; requiring the Office of
   81         Public and Professional Guardians to adopt rules;
   82         renumbering and amending s. 744.344, F.S.; making
   83         technical changes; renumbering and amending s.
   84         744.703, F.S.; conforming provisions to changes made
   85         by the act; renumbering ss. 744.704 and 744.705, F.S.,
   86         relating to the powers and duties of public guardians
   87         and the costs of public guardians, respectively;
   88         renumbering and amending ss. 744.706 and 744.707,
   89         F.S.; conforming provisions to changes made by the
   90         act; renumbering s. 744.709, F.S., relating to surety
   91         bonds; renumbering and amending s. 744.708, F.S.;
   92         conforming provisions to changes made by the act;
   93         renumbering and amending s. 744.7081, F.S.; requiring
   94         that the Office of Public and Professional Guardians
   95         be provided financial audits upon its request as part
   96         of an investigation; conforming provisions to changes
   97         made by the act; renumbering and amending s. 744.7082,
   98         F.S.; conforming provisions to changes made by the
   99         act; renumbering and amending s. 744.712, F.S.;
  100         providing legislative intent; conforming provisions;
  101         renumbering and amending ss. 744.713, 744.714, and
  102         744.715, F.S.; conforming provisions to changes made
  103         by the act; amending s. 744.3135, F.S.; requiring the
  104         office to adopt rules by a certain date; conforming
  105         provisions to changes made by the act; repealing s.
  106         744.701, F.S., relating to a short title; repealing s.
  107         744.702, F.S., relating to legislative intent;
  108         repealing s. 744.7101, F.S., relating to a short
  109         title; repealing s. 744.711, F.S., relating to
  110         legislative findings and intent; amending ss. 400.148
  111         and 744.331, F.S.; conforming provisions to changes
  112         made by the act; amending ss. 20.415, 415.1102,
  113         744.309, and 744.524, F.S.; conforming cross
  114         references; making technical changes; providing an
  115         appropriation; providing an effective date.
  116          
  117  Be It Enacted by the Legislature of the State of Florida:
  118  
  119         Section 1. The Division of Law Revision and Information is
  120  directed to add ss. 744.1096-744.1098, Florida Statutes, created
  121  by this act, to part I of chapter 744, Florida Statutes.
  122         Section 2. The Division of Law Revision and Information is
  123  directed to rename part II of chapter 744, Florida Statutes,
  124  entitled “VENUE,” as “PUBLIC AND PROFESSIONAL GUARDIANS,
  125  consisting of ss. 744.2001-744.2109, Florida Statutes.
  126         Section 3. The Division of Law Revision and Information is
  127  directed to remove part IX of chapter 744, Florida Statutes.
  128         Section 4. Section 744.1012, Florida Statutes, is amended
  129  to read:
  130         744.1012 Legislative intent.—The Legislature finds that:
  131         (1)That Adjudicating a person totally incapacitated and in
  132  need of a guardian deprives such person of all her or his civil
  133  and legal rights and that such deprivation may be unnecessary.
  134         (2)The Legislature further finds that It is desirable to
  135  make available the least restrictive form of guardianship to
  136  assist persons who are only partially incapable of caring for
  137  their needs and that alternatives to guardianship and less
  138  restrictive means of assistance, including, but not limited to,
  139  guardian advocates, should always be explored before an
  140  individual’s rights are removed through an adjudication of
  141  incapacity.
  142         (3) By recognizing that every individual has unique needs
  143  and differing abilities, the Legislature declares that it is the
  144  purpose of this act to promote the public welfare by
  145  establishing a system that permits incapacitated persons to
  146  participate as fully as possible in all decisions affecting
  147  them; that assists such persons in meeting the essential
  148  requirements for their physical health and safety, in protecting
  149  their rights, in managing their financial resources, and in
  150  developing or regaining their abilities to the maximum extent
  151  possible; and that accomplishes these objectives through
  152  providing, in each case, the form of assistance that least
  153  interferes with the legal capacity of a person to act in her or
  154  his own behalf. This act shall be liberally construed to
  155  accomplish this purpose.
  156         (4) Private guardianship may be inadequate when there is no
  157  willing and responsible family member or friend, other person,
  158  bank, or corporation available to serve as guardian for an
  159  incapacitated person, and such person does not have adequate
  160  income or wealth for the compensation of a private guardian.
  161         (5) Through the establishment of the Office of Public and
  162  Professional Guardians, the Legislature intends to permit the
  163  establishment of offices of public guardians for the purpose of
  164  providing guardianship services for incapacitated persons when
  165  no private guardian is available.
  166         (6) A public guardian will be provided only to those
  167  persons whose needs cannot be met through less restrictive means
  168  of intervention. A public guardian may also serve in the
  169  capacity of a limited guardian or guardian advocate under s.
  170  393.12 when the public guardian is the guardian of last resort
  171  as described in subsection (4).
  172         Section 5. Section 744.201, Florida Statutes, is renumbered
  173  as section 744.1096, Florida Statutes.
  174         Section 6. Section 744.202, Florida Statutes, is renumbered
  175  as section 744.1097, Florida Statutes, and subsection (3) of
  176  that section is amended, to read:
  177         744.1097 744.202 Venue.—
  178         (3) When the residence of an incapacitated person is
  179  changed to another county, the guardian shall petition to have
  180  the venue of the guardianship changed to the county of the
  181  acquired residence, except as provided in s. 744.1098 s.
  182  744.2025.
  183         Section 7. Section 744.2025, Florida Statutes, is
  184  renumbered as section 744.1098, Florida Statutes.
  185         Section 8. Section 744.7021, Florida Statutes, is
  186  renumbered as section 744.2001, Florida Statutes, and amended to
  187  read:
  188         744.2001 744.7021Statewide Public Guardianship Office of
  189  Public and Professional Guardians.—There is hereby created the
  190  Statewide Public Guardianship Office of Public and Professional
  191  Guardians within the Department of Elderly Affairs.
  192         (1) The Secretary of Elderly Affairs shall appoint the
  193  executive director, who shall be the head of the Statewide
  194  Public Guardianship Office of Public and Professional Guardians.
  195  The executive director must be a member of The Florida Bar,
  196  knowledgeable of guardianship law and of the social services
  197  available to meet the needs of incapacitated persons, shall
  198  serve on a full-time basis, and shall personally, or through a
  199  representative representatives of the office, carry out the
  200  purposes and functions of the Statewide Public Guardianship
  201  Office of Public and Professional Guardians in accordance with
  202  state and federal law. The executive director shall serve at the
  203  pleasure of and report to the secretary.
  204         (2) The executive director shall, within available
  205  resources:,
  206         (a) Have oversight responsibilities for all public and
  207  professional guardians.
  208         (b) Establish standards of practice for public and
  209  professional guardians by rule, in consultation with
  210  professional guardianship associations and other interested
  211  stakeholders, no later than October 1, 2016. The executive
  212  director shall provide a draft of the standards to the Governor,
  213  the Legislature, and the secretary for review by August 1, 2016.
  214         (c) Review and approve the standards and criteria for the
  215  education, registration, and certification of public and
  216  professional guardians in Florida.
  217         (3) The executive director’s oversight responsibilities of
  218  professional guardians must be finalized by October 1, 2016, and
  219  shall include, but are not limited to:
  220         (a)Developing and implementing a monitoring tool to ensure
  221  compliance of professional guardians with the standards of
  222  practice established by the Office of Public and Professional
  223  Guardians. This monitoring tool may not include a financial
  224  audit as required by the clerk of the circuit court under s.
  225  744.368.
  226         (b) Developing procedures, in consultation with
  227  professional guardianship associations and other interested
  228  stakeholders, for the review of an allegation that a
  229  professional guardian has violated the standards of practice
  230  established by the Office of Public and Professional Guardians
  231  governing the conduct of professional guardians.
  232         (c) Establishing disciplinary proceedings, conducting
  233  hearings, and taking administrative action pursuant to chapter
  234  120.
  235         (4) The executive director’s oversight responsibilities of
  236  public guardians shall include, but are not limited to:
  237         (a) Reviewing The executive director shall review the
  238  current public guardian programs in Florida and other states.
  239         (b) Developing The executive director, in consultation with
  240  local guardianship offices and other interested stakeholders,
  241  shall develop statewide performance measures and standards.
  242         (c) Reviewing The executive director shall review the
  243  various methods of funding public guardianship programs, the
  244  kinds of services being provided by such programs, and the
  245  demographics of the wards. In addition, the executive director
  246  shall review and make recommendations regarding the feasibility
  247  of recovering a portion or all of the costs of providing public
  248  guardianship services from the assets or income of the wards.
  249         (d) By January 1 of each year, providing the executive
  250  director shall provide a status report and provide further
  251  recommendations to the secretary which that address the need for
  252  public guardianship services and related issues.
  253         (e)Developing a guardianship training program curriculum
  254  that may be offered to all guardians, whether public or private.
  255         (5)(e) The executive director may provide assistance to
  256  local governments or entities in pursuing grant opportunities.
  257  The executive director shall review and make recommendations in
  258  the annual report on the availability and efficacy of seeking
  259  Medicaid matching funds. The executive director shall diligently
  260  seek ways to use existing programs and services to meet the
  261  needs of public wards.
  262         (f) The executive director, in consultation with the
  263  Florida Guardianship Foundation, shall develop a guardianship
  264  training program curriculum that may be offered to all guardians
  265  whether public or private.
  266         (6)(3) The executive director may conduct or contract for
  267  demonstration projects authorized by the Department of Elderly
  268  Affairs, within funds appropriated or through gifts, grants, or
  269  contributions for such purposes, to determine the feasibility or
  270  desirability of new concepts of organization, administration,
  271  financing, or service delivery designed to preserve the civil
  272  and constitutional rights of persons of marginal or diminished
  273  capacity. Any gifts, grants, or contributions for such purposes
  274  shall be deposited in the Department of Elderly Affairs
  275  Administrative Trust Fund.
  276         Section 9. Section 744.1083, Florida Statutes, is
  277  renumbered as section 744.2002, Florida Statutes, subsections
  278  (1) through (5) of that section are amended, and subsections (7)
  279  and (10) of that section are republished, to read:
  280         744.2002 744.1083 Professional guardian registration.—
  281         (1) A professional guardian must register with the
  282  Statewide Public Guardianship Office of Public and Professional
  283  Guardians established in part II IX of this chapter.
  284         (2) Annual registration shall be made on forms furnished by
  285  the Statewide Public Guardianship Office of Public and
  286  Professional Guardians and accompanied by the applicable
  287  registration fee as determined by rule. The fee may not exceed
  288  $100.
  289         (3) Registration must include the following:
  290         (a) Sufficient information to identify the professional
  291  guardian, as follows:
  292         1. If the professional guardian is a natural person, the
  293  name, address, date of birth, and employer identification or
  294  social security number of the person.
  295         2. If the professional guardian is a partnership or
  296  association, the name, address, and employer identification
  297  number of the entity.
  298         (b) Documentation that the bonding and educational
  299  requirements of s. 744.2003 s. 744.1085 have been met.
  300         (c) Sufficient information to distinguish a guardian
  301  providing guardianship services as a public guardian,
  302  individually, through partnership, corporation, or any other
  303  business organization.
  304         (4) Prior to registering a professional guardian, the
  305  Statewide Public Guardianship Office of Public and Professional
  306  Guardians must receive and review copies of the credit and
  307  criminal investigations conducted under s. 744.3135. The credit
  308  and criminal investigations must have been completed within the
  309  previous 2 years.
  310         (5) The executive director of the office may deny
  311  registration to a professional guardian if the executive
  312  director determines that the guardian’s proposed registration,
  313  including the guardian’s credit or criminal investigations,
  314  indicates that registering the professional guardian would
  315  violate any provision of this chapter. If a guardian’s proposed
  316  registration is denied, the guardian has standing to seek
  317  judicial review of the denial pursuant to chapter 120 If a
  318  guardian who is currently registered with the office violates a
  319  provision of this chapter, the executive director of the office
  320  may suspend or revoke the guardian’s registration. If the
  321  executive director denies registration to a professional
  322  guardian or suspends or revokes a professional guardian’s
  323  registration, the Statewide Public Guardianship Office must send
  324  written notification of the denial, suspension, or revocation to
  325  the chief judge of each judicial circuit in which the guardian
  326  was serving on the day of the office’s decision to deny,
  327  suspend, or revoke the registration.
  328         (7) A trust company, a state banking corporation or state
  329  savings association authorized and qualified to exercise
  330  fiduciary powers in this state, or a national banking
  331  association or federal savings and loan association authorized
  332  and qualified to exercise fiduciary powers in this state, may,
  333  but is not required to, register as a professional guardian
  334  under this section. If a trust company, state banking
  335  corporation, state savings association, national banking
  336  association, or federal savings and loan association described
  337  in this subsection elects to register as a professional guardian
  338  under this subsection, the requirements of subsections (3) and
  339  (4) do not apply and the registration must include only the
  340  name, address, and employer identification number of the
  341  registrant, the name and address of its registered agent, if
  342  any, and the documentation described in paragraph (3)(b).
  343         (10) A state college or university or an independent
  344  college or university that is located and chartered in Florida,
  345  that is accredited by the Commission on Colleges of the Southern
  346  Association of Colleges and Schools or the Accrediting Council
  347  for Independent Colleges and Schools, and that confers degrees
  348  as defined in s. 1005.02(7) may, but is not required to,
  349  register as a professional guardian under this section. If a
  350  state college or university or independent college or university
  351  elects to register as a professional guardian under this
  352  subsection, the requirements of subsections (3) and (4) do not
  353  apply and the registration must include only the name, address,
  354  and employer identification number of the registrant.
  355         Section 10. Section 744.1085, Florida Statutes, is
  356  renumbered as section 744.2003, Florida Statutes, subsections
  357  (3), (6), and (9) of that section are amended, and subsection
  358  (8) of that section is republished, to read:
  359         744.2003 744.1085 Regulation of professional guardians;
  360  application; bond required; educational requirements.—
  361         (3) Each professional guardian defined in s. 744.102(17)
  362  and public guardian must receive a minimum of 40 hours of
  363  instruction and training. Each professional guardian must
  364  receive a minimum of 16 hours of continuing education every 2
  365  calendar years after the year in which the initial 40-hour
  366  educational requirement is met. The instruction and education
  367  must be completed through a course approved or offered by the
  368  Statewide Public Guardianship Office of Public and Professional
  369  Guardians. The expenses incurred to satisfy the educational
  370  requirements prescribed in this section may not be paid with the
  371  assets of any ward. This subsection does not apply to any
  372  attorney who is licensed to practice law in this state or an
  373  institution acting as guardian under s. 744.2002(7).
  374         (6) After July 1, 2005, Each professional guardian is shall
  375  be required to demonstrate competency to act as a professional
  376  guardian by taking an examination approved by the Department of
  377  Elderly Affairs.
  378         (a) The Department of Elderly Affairs shall determine the
  379  minimum examination score necessary for passage of guardianship
  380  examinations.
  381         (b) The Department of Elderly Affairs shall determine the
  382  procedure for administration of the examination.
  383         (c) The Department of Elderly Affairs or its contractor
  384  shall charge an examination fee for the actual costs of the
  385  development and the administration of the examination. The
  386  examination fee for a guardian may, not to exceed $500.
  387         (d) The Department of Elderly Affairs may recognize passage
  388  of a national guardianship examination in lieu of all or part of
  389  the examination approved by the Department of Elderly Affairs,
  390  except that all professional guardians must take and pass an
  391  approved examination section related to Florida law and
  392  procedure.
  393         (8) The Department of Elderly Affairs shall waive the
  394  examination requirement in subsection (6) if a professional
  395  guardian can provide:
  396         (a) Proof that the guardian has actively acted as a
  397  professional guardian for 5 years or more; and
  398         (b) A letter from a circuit judge before whom the
  399  professional guardian practiced at least 1 year which states
  400  that the professional guardian had demonstrated to the court
  401  competency as a professional guardian.
  402         (9) After July 1, 2004, The court may shall not appoint any
  403  professional guardian who is has not registered by the Office of
  404  Public and Professional Guardians met the requirements of this
  405  section and s. 744.1083.
  406         Section 11. Section 744.2004, Florida Statutes, is created
  407  to read:
  408         744.2004 Complaints; disciplinary proceedings; penalties;
  409  enforcement.—
  410         (1) By October 1, 2016, the Office of Public and
  411  Professional Guardians shall establish procedures to:
  412         (a) Review and, if determined legally sufficient,
  413  investigate any complaint that a professional guardian has
  414  violated the standards of practice established by the Office of
  415  Public and Professional Guardians governing the conduct of
  416  professional guardians. A complaint is legally sufficient if it
  417  contains ultimate facts that show a violation of a standard of
  418  practice by a professional guardian has occurred.
  419         (b) Initiate an investigation no later than 10 business
  420  days after the Office of Public and Professional Guardians
  421  receives a complaint.
  422         (c) Complete and provide initial investigative findings and
  423  recommendations, if any, to the professional guardian and the
  424  person who filed the complaint within 60 days after receipt.
  425         (d) Obtain supporting information or documentation to
  426  determine the legal sufficiency of a complaint.
  427         (e) Interview a ward, family member, or interested party to
  428  determine the legal sufficiency of a complaint.
  429         (f) Dismiss any complaint if, at any time after legal
  430  sufficiency is determined, it is found there is insufficient
  431  evidence to support the allegations contained in the complaint.
  432         (g) Coordinate, to the greatest extent possible, with the
  433  clerks of court to avoid duplication of duties with regard to
  434  the financial audits prepared by the clerks pursuant to s.
  435  744.368.
  436         (2) The Office of Public and Professional Guardians shall
  437  establish disciplinary proceedings, conduct hearings, and take
  438  administrative action pursuant to chapter 120. Disciplinary
  439  actions may include, but are not limited to, requiring a
  440  professional guardian to participate in additional educational
  441  courses provided or approved by the Office of Public and
  442  Professional Guardians, imposing additional monitoring by the
  443  office of the guardianships to which the professional guardian
  444  is appointed, and suspension or revocation of a professional
  445  guardian’s registration.
  446         (3) In any disciplinary proceeding that may result in the
  447  suspension or revocation of a professional guardian’s
  448  registration, the Department of Elderly Affairs shall provide
  449  the professional guardian and the person who filed the
  450  complaint:
  451         (a) A written explanation of how an administrative
  452  complaint is resolved by the disciplinary process.
  453         (b) A written explanation of how and when the person may
  454  participate in the disciplinary process.
  455         (c) A written notice of any hearing before the Division of
  456  Administrative Hearings at which final agency action may be
  457  taken.
  458         (4) If the office makes a final determination to suspend or
  459  revoke the professional guardian’s registration, it must provide
  460  such determination to the court of competent jurisdiction for
  461  any guardianship case to which the professional guardian is
  462  currently appointed.
  463         (5) If the office determines or has reasonable cause to
  464  suspect that a vulnerable adult has been or is being abused,
  465  neglected, or exploited as a result of a filed complaint or
  466  during the course of an investigation of a complaint, it shall
  467  immediately report such determination or suspicion to the
  468  central abuse hotline established and maintained by the
  469  Department of Children and Families pursuant to s. 415.103.
  470         (6) By October 1, 2016, the Department of Elderly Affairs
  471  shall adopt rules to implement the provisions of this section.
  472         Section 12. Section 744.20041, Florida Statutes, is created
  473  to read:
  474         744.20041 Grounds for discipline; penalties; enforcement.—
  475         (1) The following acts by a professional guardian shall
  476  constitute grounds for which the disciplinary actions specified
  477  in subsection (2) may be taken:
  478         (a) Making misleading, deceptive, or fraudulent
  479  representations in or related to the practice of guardianship.
  480         (b) Violating any rule governing guardians or guardianships
  481  adopted by the Office of Public and Professional Guardians.
  482         (c) Being convicted or found guilty of, or entering a plea
  483  of guilty or nolo contendere to, regardless of adjudication, a
  484  crime in any jurisdiction which relates to the practice of or
  485  the ability to practice as a professional guardian.
  486         (d) Failing to comply with the educational course
  487  requirements contained in s. 744.2003.
  488         (e) Having a registration, a license, or the authority to
  489  practice a regulated profession revoked, suspended, or otherwise
  490  acted against, including the denial of registration or
  491  licensure, by the registering or licensing authority of any
  492  jurisdiction, including its agencies or subdivisions, for a
  493  violation under Florida law. The registering or licensing
  494  authority’s acceptance of a relinquishment of registration or
  495  licensure, stipulation, consent order, or other settlement
  496  offered in response to or in anticipation of the filing of
  497  charges against the registration or license shall be construed
  498  as an action against the registration or license.
  499         (f) Knowingly filing a false report or complaint with the
  500  Office of Public and Professional Guardians against another
  501  guardian.
  502         (g) Attempting to obtain, obtaining, or renewing a
  503  registration or license to practice a profession by bribery, by
  504  fraudulent misrepresentation, or as a result of an error by the
  505  Office of Public and Professional Guardians which is known and
  506  not disclosed to the Office of Public and Professional
  507  Guardians.
  508         (h) Failing to report to the Office of Public and
  509  Professional Guardians any person who the professional guardian
  510  knows is in violation of this chapter or the rules of the Office
  511  of Public and Professional Guardians.
  512         (i) Failing to perform any statutory or legal obligation
  513  placed upon a professional guardian.
  514         (j) Making or filing a report or record that the
  515  professional guardian knows to be false, intentionally or
  516  negligently failing to file a report or record required by state
  517  or federal law, or willfully impeding or obstructing another
  518  person’s attempt to do so. Such reports or records shall include
  519  only those that are signed in the guardian’s capacity as a
  520  professional guardian.
  521         (k) Using the position of guardian for the purpose of
  522  financial gain by a professional guardian or a third party,
  523  other than the funds awarded to the professional guardian by the
  524  court pursuant to s. 744.108.
  525         (l) Violating a lawful order of the Office of Public and
  526  Professional Guardians or failing to comply with a lawfully
  527  issued subpoena of the Office of Public and Professional
  528  Guardians.
  529         (m) Improperly interfering with an investigation or
  530  inspection authorized by statute or rule or with any
  531  disciplinary proceeding.
  532         (n) Using the guardian relationship to engage or attempt to
  533  engage the ward, or an immediate family member or a
  534  representative of the ward, in verbal, written, electronic, or
  535  physical sexual activity.
  536         (o) Failing to report to the Office of Public and
  537  Professional Guardians in writing within 30 days after being
  538  convicted or found guilty of, or entered a plea of nolo
  539  contendere to, regardless of adjudication, a crime in any
  540  jurisdiction.
  541         (p) Being unable to perform the functions of a professional
  542  guardian with reasonable skill by reason of illness or use of
  543  alcohol, drugs, narcotics, chemicals, or any other type of
  544  substance or as a result of any mental or physical condition.
  545         (q) Failing to post and maintain a blanket fiduciary bond
  546  pursuant to s. 744.1085.
  547         (r) Failing to maintain all records pertaining to a
  548  guardianship for a reasonable time after the court has closed
  549  the guardianship matter.
  550         (s) Violating any provision of this chapter or any rule
  551  adopted pursuant thereto.
  552         (2) When the Office of Public and Professional Guardians
  553  finds a professional guardian guilty of violating subsection
  554  (1), it may enter an order imposing one or more of the following
  555  penalties:
  556         (a) Refusal to register an applicant as a professional
  557  guardian.
  558         (b) Suspension or permanent revocation of a professional
  559  guardian’s registration.
  560         (c) Issuance of a reprimand or letter of concern.
  561         (d) Requirement that the professional guardian undergo
  562  treatment, attend continuing education courses, submit to
  563  reexamination, or satisfy any terms that are reasonably tailored
  564  to the violations found.
  565         (e) Requirement that the professional guardian pay
  566  restitution of any funds obtained, disbursed, or obtained
  567  through a violation of any statute, rule, or other legal
  568  authority to a ward or the ward’s estate, if applicable.
  569         (f) Requirement that the professional guardian undergo
  570  remedial education.
  571         (3) In determining what action is appropriate, the Office
  572  of Public and Professional Guardians must first consider what
  573  sanctions are necessary to safeguard wards and to protect the
  574  public. Only after those sanctions have been imposed may the
  575  Office of Public and Professional Guardians consider and include
  576  in the order requirements designed to mitigate the circumstances
  577  and rehabilitate the professional guardian.
  578         (4) The Office of Public and Professional Guardians shall
  579  adopt by rule and periodically review the disciplinary
  580  guidelines applicable to each ground for disciplinary action
  581  that may be imposed by the Office of Public and Professional
  582  Guardians pursuant to this chapter.
  583         (5) It is the intent of the Legislature that the
  584  disciplinary guidelines specify a meaningful range of designated
  585  penalties based upon the severity and repetition of specific
  586  offenses and that minor violations be distinguished from those
  587  which endanger the health, safety, or welfare of a ward or the
  588  public; that such guidelines provide reasonable and meaningful
  589  notice to the public of likely penalties that may be imposed for
  590  proscribed conduct; and that such penalties be consistently
  591  applied by the Office of Public and Professional Guardians.
  592         (6) The Office of Public and Professional Guardians shall
  593  by rule designate possible mitigating and aggravating
  594  circumstances and the variation and range of penalties permitted
  595  for such circumstances.
  596         (a) An administrative law judge, in recommending penalties
  597  in any recommended order, must follow the disciplinary
  598  guidelines established by the Office of Public and Professional
  599  Guardians and must state in writing any mitigating or
  600  aggravating circumstance upon which a recommended penalty is
  601  based if such circumstance causes the administrative law judge
  602  to recommend a penalty other than that provided in the
  603  disciplinary guidelines.
  604         (b) The Office of Public and Professional Guardians may
  605  impose a penalty other than those provided for in the
  606  disciplinary guidelines upon a specific finding in the final
  607  order of mitigating or aggravating circumstances.
  608         (7) In addition to, or in lieu of, any other remedy or
  609  criminal prosecution, the Office of Public and Professional
  610  Guardians may file a proceeding in the name of the state seeking
  611  issuance of an injunction or a writ of mandamus against any
  612  person who violates any provision of this chapter or any
  613  provision of law with respect to professional guardians or the
  614  rules adopted pursuant thereto.
  615         (8) Notwithstanding chapter 120, if the Office of Public
  616  and Professional Guardians determines that revocation of a
  617  professional guardian’s registration is the appropriate penalty,
  618  the revocation is permanent.
  619         (9) If the Office of Public and Professional Guardians
  620  makes a final determination to suspend or revoke the
  621  professional guardian’s registration, the office must provide
  622  the determination to the court of competent jurisdiction for any
  623  guardianship case to which the professional guardian is
  624  currently appointed.
  625         (10) The purpose of this section is to facilitate uniform
  626  discipline for those actions made punishable under this section
  627  and, to this end, a reference to this section constitutes a
  628  general reference under the doctrine of incorporation by
  629  reference.
  630         (11) The Office of Public and Professional Guardians shall
  631  adopt rules to administer this section.
  632         Section 13. Section 744.344, Florida Statutes, is
  633  renumbered as section 744.2005, Florida Statutes, and amended to
  634  read:
  635         744.2005 744.344 Order of appointment.—
  636         (1) The court may hear testimony on the question of who is
  637  entitled to preference in the appointment of a guardian. Any
  638  interested person may intervene in the proceedings.
  639         (2) The order appointing a guardian must state the nature
  640  of the guardianship as either plenary or limited. If limited,
  641  the order must state that the guardian may exercise only those
  642  delegable rights which have been removed from the incapacitated
  643  person and specifically delegated to the guardian. The order
  644  shall state the specific powers and duties of the guardian.
  645         (3)(2) The order appointing a guardian must be consistent
  646  with the incapacitated person’s welfare and safety, must be the
  647  least restrictive appropriate alternative, and must reserve to
  648  the incapacitated person the right to make decisions in all
  649  matters commensurate with the person’s ability to do so.
  650         (4)(3) If a petition for appointment of a guardian has been
  651  filed, an order appointing a guardian must be issued
  652  contemporaneously with the order adjudicating the person
  653  incapacitated. The order must specify the amount of the bond to
  654  be given by the guardian and must state specifically whether the
  655  guardian must place all, or part, of the property of the ward in
  656  a restricted account in a financial institution designated
  657  pursuant to s. 69.031.
  658         (5)(4) If a petition for the appointment of a guardian has
  659  not been filed or ruled upon at the time of the hearing on the
  660  petition to determine capacity, the court may appoint an
  661  emergency temporary guardian in the manner and for the purposes
  662  specified in s. 744.3031.
  663         (6)(5) A plenary guardian shall exercise all delegable
  664  rights and powers of the incapacitated person.
  665         (7)(6) A person for whom a limited guardian has been
  666  appointed retains all legal rights except those that which have
  667  been specifically granted to the guardian in the court’s written
  668  order.
  669         Section 14. Section 744.703, Florida Statutes, is
  670  renumbered as section 744.2006, Florida Statutes, and
  671  subsections (1) and (6) of that section are amended, to read:
  672         744.2006 744.703 Office of Public and Professional
  673  Guardians guardian; appointment, notification.—
  674         (1) The executive director of the Statewide Public
  675  Guardianship Office of Public and Professional Guardians, after
  676  consultation with the chief judge and other circuit judges
  677  within the judicial circuit and with appropriate advocacy groups
  678  and individuals and organizations who are knowledgeable about
  679  the needs of incapacitated persons, may establish, within a
  680  county in the judicial circuit or within the judicial circuit,
  681  one or more offices of public guardian and if so established,
  682  shall create a list of persons best qualified to serve as the
  683  public guardian, who have been investigated pursuant to s.
  684  744.3135. The public guardian must have knowledge of the legal
  685  process and knowledge of social services available to meet the
  686  needs of incapacitated persons. The public guardian shall
  687  maintain a staff or contract with professionally qualified
  688  individuals to carry out the guardianship functions, including
  689  an attorney who has experience in probate areas and another
  690  person who has a master’s degree in social work, or a
  691  gerontologist, psychologist, registered nurse, or nurse
  692  practitioner. A public guardian that is a nonprofit corporate
  693  guardian under s. 744.309(5) must receive tax-exempt status from
  694  the United States Internal Revenue Service.
  695         (6) Public guardians who have been previously appointed by
  696  a chief judge prior to the effective date of this act pursuant
  697  to this section may continue in their positions until the
  698  expiration of their term pursuant to their agreement. However,
  699  oversight of all public guardians shall transfer to the
  700  Statewide Public Guardianship Office of Public and Professional
  701  Guardians upon the effective date of this act. The executive
  702  director of the Statewide Public Guardianship Office of Public
  703  and Professional Guardians shall be responsible for all future
  704  appointments of public guardians pursuant to this act.
  705         Section 15. Section 744.704, Florida Statutes, is
  706  renumbered as section 744.2007, Florida Statutes.
  707         Section 16. Section 744.705, Florida Statutes, is
  708  renumbered as section 744.2008, Florida Statutes.
  709         Section 17. Section 744.706, Florida Statutes, is
  710  renumbered as section 744.2009, Florida Statutes, and amended to
  711  read:
  712         744.2009 744.706 Preparation of budget.—Each public
  713  guardian, whether funded in whole or in part by money raised
  714  through local efforts, grants, or any other source or whether
  715  funded in whole or in part by the state, shall prepare a budget
  716  for the operation of the office of public guardian to be
  717  submitted to the Statewide Public Guardianship Office of Public
  718  and Professional Guardians. As appropriate, the Statewide Public
  719  Guardianship Office of Public and Professional Guardians will
  720  include such budgetary information in the Department of Elderly
  721  Affairs’ legislative budget request. The office of public
  722  guardian shall be operated within the limitations of the General
  723  Appropriations Act and any other funds appropriated by the
  724  Legislature to that particular judicial circuit, subject to the
  725  provisions of chapter 216. The Department of Elderly Affairs
  726  shall make a separate and distinct request for an appropriation
  727  for the Statewide Public Guardianship Office of Public and
  728  Professional Guardians. However, this section may shall not be
  729  construed to preclude the financing of any operations of the
  730  office of the public guardian by moneys raised through local
  731  effort or through the efforts of the Statewide Public
  732  Guardianship Office of Public and Professional Guardians.
  733         Section 18. Section 744.707, Florida Statutes, is
  734  renumbered as section 744.2101, Florida Statutes, and amended to
  735  read:
  736         744.2101 744.707 Procedures and rules.—The public guardian,
  737  subject to the oversight of the Statewide Public Guardianship
  738  Office of Public and Professional Guardians, is authorized to:
  739         (1) Formulate and adopt necessary procedures to assure the
  740  efficient conduct of the affairs of the ward and general
  741  administration of the office and staff.
  742         (2) Contract for services necessary to discharge the duties
  743  of the office.
  744         (3) Accept the services of volunteer persons or
  745  organizations and provide reimbursement for proper and necessary
  746  expenses.
  747         Section 19. Section 744.709, Florida Statutes, is
  748  renumbered as section 744.2102, Florida Statutes.
  749         Section 20. Section 744.708, Florida Statutes, is
  750  renumbered as section 744.2103, Florida Statutes, and
  751  subsections (3), (4), (5), and (7) of that section are amended,
  752  to read:
  753         744.2103 744.708 Reports and standards.—
  754         (3) A public guardian shall file an annual report on the
  755  operations of the office of public guardian, in writing, by
  756  September 1 for the preceding fiscal year with the Statewide
  757  Public Guardianship Office of Public and Professional Guardians,
  758  which shall have responsibility for supervision of the
  759  operations of the office of public guardian.
  760         (4) Within 6 months of his or her appointment as guardian
  761  of a ward, the public guardian shall submit to the clerk of the
  762  court for placement in the ward’s guardianship file and to the
  763  executive director of the Statewide Public Guardianship Office
  764  of Public and Professional Guardians a report on his or her
  765  efforts to locate a family member or friend, other person, bank,
  766  or corporation to act as guardian of the ward and a report on
  767  the ward’s potential to be restored to capacity.
  768         (5)(a) Each office of public guardian shall undergo an
  769  independent audit by a qualified certified public accountant at
  770  least once every 2 years. A copy of the audit report shall be
  771  submitted to the Statewide Public Guardianship Office of Public
  772  and Professional Guardians.
  773         (b) In addition to regular monitoring activities, the
  774  Statewide Public Guardianship Office of Public and Professional
  775  Guardians shall conduct an investigation into the practices of
  776  each office of public guardian related to the managing of each
  777  ward’s personal affairs and property. If feasible, the
  778  investigation shall be conducted in conjunction with the
  779  financial audit of each office of public guardian under
  780  paragraph (a).
  781         (7) The ratio for professional staff to wards shall be 1
  782  professional to 40 wards. The Statewide Public Guardianship
  783  Office of Public and Professional Guardians may increase or
  784  decrease the ratio after consultation with the local public
  785  guardian and the chief judge of the circuit court. The basis for
  786  the decision to increase or decrease the prescribed ratio must
  787  be included in the annual report to the secretary.
  788         Section 21. Section 744.7081, Florida Statutes, is
  789  renumbered as section 744.2104, Florida Statutes, and amended to
  790  read:
  791         744.2104 744.7081 Access to records by the Statewide Public
  792  Guardianship Office of Public and Professional Guardians;
  793  confidentiality.—
  794         (1) Notwithstanding any other provision of law to the
  795  contrary, any medical, financial, or mental health records held
  796  by an agency, or the court and its agencies, or financial audits
  797  prepared by the clerk of the court pursuant to s. 744.368 and
  798  held by the court, which are necessary as part of an
  799  investigation of a guardian as a result of a complaint filed
  800  with the Office of Public and Professional Guardians to evaluate
  801  the public guardianship system, to assess the need for
  802  additional public guardianship, or to develop required reports,
  803  shall be provided to the Statewide Public Guardianship Office of
  804  Public and Professional Guardians upon that office’s request.
  805  Any confidential or exempt information provided to the Statewide
  806  Public Guardianship Office of Public and Professional Guardians
  807  shall continue to be held confidential or exempt as otherwise
  808  provided by law.
  809         (2) All records held by the Statewide Public Guardianship
  810  Office of Public and Professional Guardians relating to the
  811  medical, financial, or mental health of vulnerable adults as
  812  defined in chapter 415, persons with a developmental disability
  813  as defined in chapter 393, or persons with a mental illness as
  814  defined in chapter 394, shall be confidential and exempt from s.
  815  119.07(1) and s. 24(a), Art. I of the State Constitution.
  816         Section 22. Section 744.7082, Florida Statutes, is
  817  renumbered as section 744.2105, Florida Statutes, and
  818  subsections (1) through (5) and (8) of that section are amended,
  819  to read:
  820         744.2105 744.7082 Direct-support organization; definition;
  821  use of property; board of directors; audit; dissolution.—
  822         (1) DEFINITION.—As used in this section, the term “direct
  823  support organization” means an organization whose sole purpose
  824  is to support the Statewide Public Guardianship Office of Public
  825  and Professional Guardians and is:
  826         (a) A not-for-profit corporation incorporated under chapter
  827  617 and approved by the Department of State;
  828         (b) Organized and operated to conduct programs and
  829  activities; to raise funds; to request and receive grants,
  830  gifts, and bequests of moneys; to acquire, receive, hold,
  831  invest, and administer, in its own name, securities, funds,
  832  objects of value, or other property, real or personal; and to
  833  make expenditures to or for the direct or indirect benefit of
  834  the Statewide Public Guardianship Office of Public and
  835  Professional Guardians; and
  836         (c) Determined by the Statewide Public Guardianship Office
  837  of Public and Professional Guardians to be consistent with the
  838  goals of the office, in the best interests of the state, and in
  839  accordance with the adopted goals and mission of the Department
  840  of Elderly Affairs and the Statewide Public Guardianship Office
  841  of Public and Professional Guardians.
  842         (2) CONTRACT.—The direct-support organization shall operate
  843  under a written contract with the Statewide Public Guardianship
  844  Office of Public and Professional Guardians. The written
  845  contract must provide for:
  846         (a) Certification by the Statewide Public Guardianship
  847  Office of Public and Professional Guardians that the direct
  848  support organization is complying with the terms of the contract
  849  and is doing so consistent with the goals and purposes of the
  850  office and in the best interests of the state. This
  851  certification must be made annually and reported in the official
  852  minutes of a meeting of the direct-support organization.
  853         (b) The reversion of moneys and property held in trust by
  854  the direct-support organization:
  855         1. To the Statewide Public Guardianship Office of Public
  856  and Professional Guardians if the direct-support organization is
  857  no longer approved to operate for the office;
  858         2. To the Statewide Public Guardianship Office of Public
  859  and Professional Guardians if the direct-support organization
  860  ceases to exist;
  861         3. To the Department of Elderly Affairs if the Statewide
  862  Public Guardianship Office of Public and Professional Guardians
  863  ceases to exist; or
  864         4. To the state if the Department of Elderly Affairs ceases
  865  to exist.
  866  
  867  The fiscal year of the direct-support organization shall begin
  868  on July 1 of each year and end on June 30 of the following year.
  869         (c) The disclosure of the material provisions of the
  870  contract, and the distinction between the Statewide Public
  871  Guardianship Office of Public and Professional Guardians and the
  872  direct-support organization, to donors of gifts, contributions,
  873  or bequests, including such disclosure on all promotional and
  874  fundraising publications.
  875         (3) BOARD OF DIRECTORS.—The Secretary of Elderly Affairs
  876  shall appoint a board of directors for the direct-support
  877  organization from a list of nominees submitted by the executive
  878  director of the Statewide Public Guardianship Office of Public
  879  and Professional Guardians.
  880         (4) USE OF PROPERTY.—The Department of Elderly Affairs may
  881  permit, without charge, appropriate use of fixed property and
  882  facilities of the department or the Statewide Public
  883  Guardianship Office of Public and Professional Guardians by the
  884  direct-support organization. The department may prescribe any
  885  condition with which the direct-support organization must comply
  886  in order to use fixed property or facilities of the department
  887  or the Statewide Public Guardianship Office of Public and
  888  Professional Guardians.
  889         (5) MONEYS.—Any moneys may be held in a separate depository
  890  account in the name of the direct-support organization and
  891  subject to the provisions of the written contract with the
  892  Statewide Public Guardianship Office of Public and Professional
  893  Guardians. Expenditures of the direct-support organization shall
  894  be expressly used to support the Statewide Public Guardianship
  895  Office of Public and Professional Guardians. The expenditures of
  896  the direct-support organization may not be used for the purpose
  897  of lobbying as defined in s. 11.045.
  898         (8) DISSOLUTION.—A After July 1, 2004, any not-for-profit
  899  corporation incorporated under chapter 617 that is determined by
  900  a circuit court to be representing itself as a direct-support
  901  organization created under this section, but that does not have
  902  a written contract with the Statewide Public Guardianship Office
  903  of Public and Professional Guardians in compliance with this
  904  section, is considered to meet the grounds for a judicial
  905  dissolution described in s. 617.1430(1)(a). The Statewide Public
  906  Guardianship Office of Public and Professional Guardians shall
  907  be the recipient for all assets held by the dissolved
  908  corporation which accrued during the period that the dissolved
  909  corporation represented itself as a direct-support organization
  910  created under this section.
  911         Section 23. Section 744.712, Florida Statutes, is
  912  renumbered as section 744.2106, Florida Statutes, and amended to
  913  read:
  914         744.2106 744.712 Joining Forces for Public Guardianship
  915  grant program; purpose.—The Legislature establishes the Joining
  916  Forces for Public Guardianship matching grant program for the
  917  purpose of assisting counties to establish and fund community
  918  supported public guardianship programs. The Joining Forces for
  919  Public Guardianship matching grant program shall be established
  920  and administered by the Statewide Public Guardianship Office of
  921  Public and Professional Guardians within the Department of
  922  Elderly Affairs. The purpose of the program is to provide
  923  startup funding to encourage communities to develop and
  924  administer locally funded and supported public guardianship
  925  programs to address the needs of indigent and incapacitated
  926  residents.
  927         (1) The Statewide Public Guardianship Office of Public and
  928  Professional Guardians may distribute the grant funds as
  929  follows:
  930         (a) As initial startup funding to encourage counties that
  931  have no office of public guardian to establish an office, or as
  932  initial startup funding to open an additional office of public
  933  guardian within a county whose public guardianship needs require
  934  more than one office of public guardian.
  935         (b) As support funding to operational offices of public
  936  guardian that demonstrate a necessity for funds to meet the
  937  public guardianship needs of a particular geographic area in the
  938  state which the office serves.
  939         (c) To assist counties that have an operating public
  940  guardianship program but that propose to expand the geographic
  941  area or population of persons they serve, or to develop and
  942  administer innovative programs to increase access to public
  943  guardianship in this state.
  944  
  945  Notwithstanding this subsection, the executive director of the
  946  office may award emergency grants if he or she determines that
  947  the award is in the best interests of public guardianship in
  948  this state. Before making an emergency grant, the executive
  949  director must obtain the written approval of the Secretary of
  950  Elderly Affairs. Subsections (2), (3), and (4) do not apply to
  951  the distribution of emergency grant funds.
  952         (2) One or more grants may be awarded within a county.
  953  However, a county may not receive an award that equals, or
  954  multiple awards that cumulatively equal, more than 20 percent of
  955  the total amount of grant funds appropriated during any fiscal
  956  year.
  957         (3) If an applicant is eligible and meets the requirements
  958  to receive grant funds more than once, the Statewide Public
  959  Guardianship Office of Public and Professional Guardians shall
  960  award funds to prior awardees in the following manner:
  961         (a) In the second year that grant funds are awarded, the
  962  cumulative sum of the award provided to one or more applicants
  963  within the same county may not exceed 75 percent of the total
  964  amount of grant funds awarded within that county in year one.
  965         (b) In the third year that grant funds are awarded, the
  966  cumulative sum of the award provided to one or more applicants
  967  within the same county may not exceed 60 percent of the total
  968  amount of grant funds awarded within that county in year one.
  969         (c) In the fourth year that grant funds are awarded, the
  970  cumulative sum of the award provided to one or more applicants
  971  within the same county may not exceed 45 percent of the total
  972  amount of grant funds awarded within that county in year one.
  973         (d) In the fifth year that grant funds are awarded, the
  974  cumulative sum of the award provided to one or more applicants
  975  within the same county may not exceed 30 percent of the total
  976  amount of grant funds awarded within that county in year one.
  977         (e) In the sixth year that grant funds are awarded, the
  978  cumulative sum of the award provided to one or more applicants
  979  within the same county may not exceed 15 percent of the total
  980  amount of grant funds awarded within that county in year one.
  981  
  982  The Statewide Public Guardianship Office of Public and
  983  Professional Guardians may not award grant funds to any
  984  applicant within a county that has received grant funds for more
  985  than 6 years.
  986         (4) Grant funds shall be used only to provide direct
  987  services to indigent wards, except that up to 10 percent of the
  988  grant funds may be retained by the awardee for administrative
  989  expenses.
  990         (5) Implementation of the program is subject to a specific
  991  appropriation by the Legislature in the General Appropriations
  992  Act.
  993         Section 24. Section 744.713, Florida Statutes, is
  994  renumbered as section 744.2107, Florida Statutes, and amended to
  995  read:
  996         744.2107 744.713 Program administration; duties of the
  997  Statewide Public Guardianship Office of Public and Professional
  998  Guardians.—The Statewide Public Guardianship Office of Public
  999  and Professional Guardians shall administer the grant program.
 1000  The office shall:
 1001         (1) Publicize the availability of grant funds to entities
 1002  that may be eligible for the funds.
 1003         (2) Establish an application process for submitting a grant
 1004  proposal.
 1005         (3) Request, receive, and review proposals from applicants
 1006  seeking grant funds.
 1007         (4) Determine the amount of grant funds each awardee may
 1008  receive and award grant funds to applicants.
 1009         (5) Develop a monitoring process to evaluate grant
 1010  awardees, which may include an annual monitoring visit to each
 1011  awardee’s local office.
 1012         (6) Ensure that persons or organizations awarded grant
 1013  funds meet and adhere to the requirements of this act.
 1014         Section 25. Section 744.714, Florida Statutes, is
 1015  renumbered as section 744.2108, Florida Statutes, and paragraph
 1016  (b) of subsection (1) and paragraph (b) of subsection (2) of
 1017  that section are amended, to read:
 1018         744.2108 744.714 Eligibility.—
 1019         (1) Any person or organization that has not been awarded a
 1020  grant must meet all of the following conditions to be eligible
 1021  to receive a grant:
 1022         (b) The applicant must have already been appointed by, or
 1023  is pending appointment by, the Statewide Public Guardianship
 1024  Office of Public and Professional Guardians to become an office
 1025  of public guardian in this state.
 1026         (2) Any person or organization that has been awarded a
 1027  grant must meet all of the following conditions to be eligible
 1028  to receive another grant:
 1029         (b) The applicant must have been appointed by, or is
 1030  pending reappointment by, the Statewide Public Guardianship
 1031  Office of Public and Professional Guardians to be an office of
 1032  public guardian in this state.
 1033         Section 26. Section 744.715, Florida Statutes, is
 1034  renumbered as section 744.2109, Florida Statutes, and amended to
 1035  read:
 1036         744.2109 744.715 Grant application requirements; review
 1037  criteria; awards process.—Grant applications must be submitted
 1038  to the Statewide Public Guardianship Office of Public and
 1039  Professional Guardians for review and approval.
 1040         (1) A grant application must contain:
 1041         (a) The specific amount of funds being requested.
 1042         (b) The proposed annual budget for the office of public
 1043  guardian for which the applicant is applying on behalf of,
 1044  including all sources of funding, and a detailed report of
 1045  proposed expenditures, including administrative costs.
 1046         (c) The total number of wards the applicant intends to
 1047  serve during the grant period.
 1048         (d) Evidence that the applicant has:
 1049         1. Attempted to procure funds and has exhausted all
 1050  possible other sources of funding; or
 1051         2. Procured funds from local sources, but the total amount
 1052  of the funds collected or pledged is not sufficient to meet the
 1053  need for public guardianship in the geographic area that the
 1054  applicant intends to serve.
 1055         (e) An agreement or confirmation from a local funding
 1056  source, such as a county, municipality, or any other public or
 1057  private organization, that the local funding source will
 1058  contribute matching funds to the public guardianship program
 1059  totaling not less than $1 for every $1 of grant funds awarded.
 1060  For purposes of this section, an applicant may provide evidence
 1061  of agreements or confirmations from multiple local funding
 1062  sources showing that the local funding sources will pool their
 1063  contributed matching funds to the public guardianship program
 1064  for a combined total of not less than $1 for every $1 of grant
 1065  funds awarded. In-kind contributions, such as materials,
 1066  commodities, office space, or other types of facilities,
 1067  personnel services, or other items as determined by rule shall
 1068  be considered by the office and may be counted as part or all of
 1069  the local matching funds.
 1070         (f) A detailed plan describing how the office of public
 1071  guardian for which the applicant is applying on behalf of will
 1072  be funded in future years.
 1073         (g) Any other information determined by rule as necessary
 1074  to assist in evaluating grant applicants.
 1075         (2) If the Statewide Public Guardianship Office of Public
 1076  and Professional Guardians determines that an applicant meets
 1077  the requirements for an award of grant funds, the office may
 1078  award the applicant any amount of grant funds the executive
 1079  director deems appropriate, if the amount awarded meets the
 1080  requirements of this act. The office may adopt a rule allocating
 1081  the maximum allowable amount of grant funds which may be
 1082  expended on any ward.
 1083         (3) A grant awardee must submit a new grant application for
 1084  each year of additional funding.
 1085         (4)(a) In the first year of the Joining Forces for Public
 1086  Guardianship program’s existence, the Statewide Public
 1087  Guardianship Office of Public and Professional Guardians shall
 1088  give priority in awarding grant funds to those entities that:
 1089         1. Are operating as appointed offices of public guardians
 1090  in this state;
 1091         2. Meet all of the requirements for being awarded a grant
 1092  under this act; and
 1093         3. Demonstrate a need for grant funds during the current
 1094  fiscal year due to a loss of local funding formerly raised
 1095  through court filing fees.
 1096         (b) In each fiscal year after the first year that grant
 1097  funds are distributed, the Statewide Public Guardianship Office
 1098  of Public and Professional Guardians may give priority to
 1099  awarding grant funds to those entities that:
 1100         1. Meet all of the requirements of this section and ss.
 1101  744.2106, 744.2107, and 744.2108 this act for being awarded
 1102  grant funds; and
 1103         2. Submit with their application an agreement or
 1104  confirmation from a local funding source, such as a county,
 1105  municipality, or any other public or private organization, that
 1106  the local funding source will contribute matching funds totaling
 1107  an amount equal to or exceeding $2 for every $1 of grant funds
 1108  awarded by the office. An entity may submit with its application
 1109  agreements or confirmations from multiple local funding sources
 1110  showing that the local funding sources will pool their
 1111  contributed matching funds to the public guardianship program
 1112  for a combined total of not less than $2 for every $1 of grant
 1113  funds awarded. In-kind contributions allowable under this
 1114  section shall be evaluated by the Statewide Public Guardianship
 1115  Office of Public and Professional Guardians and may be counted
 1116  as part or all of the local matching funds.
 1117         Section 27. Subsection (3), paragraph (c) of subsection
 1118  (4), and subsections (5) and (6) of section 744.3135, Florida
 1119  Statutes, are amended to read:
 1120         744.3135 Credit and criminal investigation.—
 1121         (3) For professional guardians, the court and the Statewide
 1122  Public Guardianship Office of Public and Professional Guardians
 1123  shall accept the satisfactory completion of a criminal history
 1124  record check by any method described in this subsection. A
 1125  professional guardian satisfies the requirements of this section
 1126  by undergoing an electronic fingerprint criminal history record
 1127  check. A professional guardian may use any electronic
 1128  fingerprinting equipment used for criminal history record
 1129  checks. By October 1, 2016, the Statewide Public Guardianship
 1130  Office of Public and Professional Guardians shall adopt a rule
 1131  detailing the acceptable methods for completing an electronic
 1132  fingerprint criminal history record check under this section.
 1133  The professional guardian shall pay the actual costs incurred by
 1134  the Federal Bureau of Investigation and the Department of Law
 1135  Enforcement for the criminal history record check. The entity
 1136  completing the record check must immediately send the results of
 1137  the criminal history record check to the clerk of the court and
 1138  the Statewide Public Guardianship Office of Public and
 1139  Professional Guardians. The clerk of the court shall maintain
 1140  the results in the professional guardian’s file and shall make
 1141  the results available to the court.
 1142         (4)
 1143         (c) The Department of Law Enforcement shall search all
 1144  arrest fingerprints received under s. 943.051 against the
 1145  fingerprints retained in the statewide automated biometric
 1146  identification system under paragraph (b). Any arrest record
 1147  that is identified with the fingerprints of a person described
 1148  in this paragraph must be reported to the clerk of court. The
 1149  clerk of court must forward any arrest record received for a
 1150  professional guardian to the Statewide Public Guardianship
 1151  Office of Public and Professional Guardians within 5 days. Each
 1152  professional guardian who elects to submit fingerprint
 1153  information electronically shall participate in this search
 1154  process by paying an annual fee to the Statewide Public
 1155  Guardianship Office of Public and Professional Guardians of the
 1156  Department of Elderly Affairs and by informing the clerk of
 1157  court and the Statewide Public Guardianship Office of Public and
 1158  Professional Guardians of any change in the status of his or her
 1159  guardianship appointment. The amount of the annual fee to be
 1160  imposed for performing these searches and the procedures for the
 1161  retention of professional guardian fingerprints and the
 1162  dissemination of search results shall be established by rule of
 1163  the Department of Law Enforcement. At least once every 5 years,
 1164  the Statewide Public Guardianship Office of Public and
 1165  Professional Guardians must request that the Department of Law
 1166  Enforcement forward the fingerprints maintained under this
 1167  section to the Federal Bureau of Investigation.
 1168         (5)(a) A professional guardian, and each employee of a
 1169  professional guardian who has a fiduciary responsibility to a
 1170  ward, must complete, at his or her own expense, an investigation
 1171  of his or her credit history before and at least once every 2
 1172  years after the date of the guardian’s registration with the
 1173  Statewide Public Guardianship Office of Public and Professional
 1174  Guardians.
 1175         (b) By October 1, 2016, the Statewide Public Guardianship
 1176  Office of Public and Professional Guardians shall adopt a rule
 1177  detailing the acceptable methods for completing a credit
 1178  investigation under this section. If appropriate, the Statewide
 1179  Public Guardianship Office of Public and Professional Guardians
 1180  may administer credit investigations. If the office chooses to
 1181  administer the credit investigation, the office may adopt a rule
 1182  setting a fee, not to exceed $25, to reimburse the costs
 1183  associated with the administration of a credit investigation.
 1184         (6) The Statewide Public Guardianship Office of Public and
 1185  Professional Guardians may inspect at any time the results of
 1186  any credit or criminal history record check of a public or
 1187  professional guardian conducted under this section. The office
 1188  shall maintain copies of the credit or criminal history record
 1189  check results in the guardian’s registration file. If the
 1190  results of a credit or criminal investigation of a public or
 1191  professional guardian have not been forwarded to the Statewide
 1192  Public Guardianship Office of Public and Professional Guardians
 1193  by the investigating agency, the clerk of the court shall
 1194  forward copies of the results of the investigations to the
 1195  office upon receiving them.
 1196         Section 28. Section 744.701, Florida Statutes, is repealed.
 1197         Section 29. Section 744.702, Florida Statutes, is repealed.
 1198         Section 30. Section 744.7101, Florida Statutes, is
 1199  repealed.
 1200         Section 31. Section 744.711, Florida Statutes, is repealed.
 1201         Section 32. Subsection (5) of section 400.148, Florida
 1202  Statutes, is amended to read:
 1203         400.148 Medicaid “Up-or-Out” Quality of Care Contract
 1204  Management Program.—
 1205         (5) The agency shall, jointly with the Statewide Public
 1206  Guardianship Office of Public and Professional Guardians,
 1207  develop a system in the pilot project areas to identify Medicaid
 1208  recipients who are residents of a participating nursing home or
 1209  assisted living facility who have diminished ability to make
 1210  their own decisions and who do not have relatives or family
 1211  available to act as guardians in nursing homes listed on the
 1212  Nursing Home Guide Watch List. The agency and the Statewide
 1213  Public Guardianship Office of Public and Professional Guardians
 1214  shall give such residents priority for publicly funded
 1215  guardianship services.
 1216         Section 33. Paragraph (d) of subsection (3) of section
 1217  744.331, Florida Statutes, is amended to read:
 1218         744.331 Procedures to determine incapacity.—
 1219         (3) EXAMINING COMMITTEE.—
 1220         (d) A member of an examining committee must complete a
 1221  minimum of 4 hours of initial training. The person must complete
 1222  2 hours of continuing education during each 2-year period after
 1223  the initial training. The initial training and continuing
 1224  education program must be developed under the supervision of the
 1225  Statewide Public Guardianship Office of Public and Professional
 1226  Guardians, in consultation with the Florida Conference of
 1227  Circuit Court Judges; the Elder Law and the Real Property,
 1228  Probate and Trust Law sections of The Florida Bar; and the
 1229  Florida State Guardianship Association; and the Florida
 1230  Guardianship Foundation. The court may waive the initial
 1231  training requirement for a person who has served for not less
 1232  than 5 years on examining committees. If a person wishes to
 1233  obtain his or her continuing education on the Internet or by
 1234  watching a video course, the person must first obtain the
 1235  approval of the chief judge before taking an Internet or video
 1236  course.
 1237         Section 34. Paragraph (a) of subsection (1) of section
 1238  20.415, Florida Statutes, is amended to read:
 1239         20.415 Department of Elderly Affairs; trust funds.—The
 1240  following trust funds shall be administered by the Department of
 1241  Elderly Affairs:
 1242         (1) Administrative Trust Fund.
 1243         (a) Funds to be credited to and uses of the trust fund
 1244  shall be administered in accordance with ss. 215.32, 744.534,
 1245  and 744.2001 744.7021.
 1246         Section 35. Paragraph (e) of subsection (2) of section
 1247  415.1102, Florida Statutes, is amended to read:
 1248         415.1102 Adult protection teams.—
 1249         (2) Such teams may be composed of, but need not be limited
 1250  to:
 1251         (e) Public and professional guardians as described in part
 1252  II IX of chapter 744.
 1253         Section 36. Paragraph (a) of subsection (7) of section
 1254  744.309, Florida Statutes, is amended to read:
 1255         744.309 Who may be appointed guardian of a resident ward.—
 1256         (7) FOR-PROFIT CORPORATE GUARDIAN.—A for-profit corporate
 1257  guardian existing under the laws of this state is qualified to
 1258  act as guardian of a ward if the entity is qualified to do
 1259  business in the state, is wholly owned by the person who is the
 1260  circuit’s public guardian in the circuit where the corporate
 1261  guardian is appointed, has met the registration requirements of
 1262  s. 744.2002 s. 744.1083, and posts and maintains a bond or
 1263  insurance policy under paragraph (a).
 1264         (a) The for-profit corporate guardian must meet one of the
 1265  following requirements:
 1266         1. Post and maintain a blanket fiduciary bond of at least
 1267  $250,000 with the clerk of the circuit court in the county in
 1268  which the corporate guardian has its principal place of
 1269  business. The corporate guardian shall provide proof of the
 1270  fiduciary bond to the clerks of each additional circuit court in
 1271  which he or she is serving as a guardian. The bond must cover
 1272  all wards for whom the corporation has been appointed as a
 1273  guardian at any given time. The liability of the provider of the
 1274  bond is limited to the face value of the bond, regardless of the
 1275  number of wards for whom the corporation is acting as a
 1276  guardian. The terms of the bond must cover the acts or omissions
 1277  of each agent or employee of the corporation who has direct
 1278  contact with the ward or access to the assets of the
 1279  guardianship. The bond must be payable to the Governor and his
 1280  or her successors in office and be conditioned on the faithful
 1281  performance of all duties of a guardian under this chapter. The
 1282  bond is in lieu of and not in addition to the bond required
 1283  under s. 744.2003 s. 744.1085 but is in addition to any bonds
 1284  required under s. 744.351. The expenses incurred to satisfy the
 1285  bonding requirements of this section may not be paid with the
 1286  assets of any ward; or
 1287         2. Maintain a liability insurance policy that covers any
 1288  losses sustained by the guardianship caused by errors,
 1289  omissions, or any intentional misconduct committed by the
 1290  corporation’s officers or agents. The policy must cover all
 1291  wards for whom the corporation is acting as a guardian for
 1292  losses up to $250,000. The terms of the policy must cover acts
 1293  or omissions of each agent or employee of the corporation who
 1294  has direct contact with the ward or access to the assets of the
 1295  guardianship. The corporate guardian shall provide proof of the
 1296  policy to the clerk of each circuit court in which he or she is
 1297  serving as a guardian.
 1298         Section 37. Section 744.524, Florida Statutes, is amended
 1299  to read:
 1300         744.524 Termination of guardianship on change of domicile
 1301  of resident ward.—When the domicile of a resident ward has
 1302  changed as provided in s. 744.1098 s. 744.2025, and the foreign
 1303  court having jurisdiction over the ward at the ward’s new
 1304  domicile has appointed a guardian and that guardian has
 1305  qualified and posted a bond in an amount required by the foreign
 1306  court, the guardian in this state may file her or his final
 1307  report and close the guardianship in this state. The guardian of
 1308  the property in this state shall cause a notice to be published
 1309  once a week for 2 consecutive weeks, in a newspaper of general
 1310  circulation published in the county, that she or he has filed
 1311  her or his accounting and will apply for discharge on a day
 1312  certain and that jurisdiction of the ward will be transferred to
 1313  the state of foreign jurisdiction. If an objection is filed to
 1314  the termination of the guardianship in this state, the court
 1315  shall hear the objection and enter an order either sustaining or
 1316  overruling the objection. Upon the disposition of all objections
 1317  filed, or if no objection is filed, final settlement shall be
 1318  made by the Florida guardian. On proof that the remaining
 1319  property in the guardianship has been received by the foreign
 1320  guardian, the guardian of the property in this state shall be
 1321  discharged. The entry of the order terminating the guardianship
 1322  in this state shall not exonerate the guardian or the guardian’s
 1323  surety from any liability previously incurred.
 1324         Section 38. For the 2016-2017 fiscal year, 6 full-time
 1325  equivalent positions, with associated salary rate of 191,119,
 1326  are authorized and the sum of $698,153 in recurring funds and
 1327  $123,517 in nonrecurring funds from the General Revenue Fund is
 1328  appropriated to the Department of Elderly Affairs for the
 1329  purpose of carrying out all oversight and monitoring
 1330  responsibilities of the Office of Public and Professional
 1331  Guardians.
 1332         Section 39. This act shall take effect upon becoming a law.

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