Bill Text: FL S1032 | 2022 | Regular Session | Comm Sub
Bill Title: Guardianships
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2022-03-14 - Died in Rules [S1032 Detail]
Download: Florida-2022-S1032-Comm_Sub.html
Florida Senate - 2022 CS for CS for SB 1032
By the Committees on Children, Families, and Elder Affairs; and
Judiciary; and Senator Burgess
586-02810-22 20221032c2
1 A bill to be entitled
2 An act relating to guardianships; amending s. 744.306,
3 F.S.; deleting provisions relating to foreign
4 guardianship orders; amending s. 744.363, F.S.;
5 authorizing a guardian to sign an order not to
6 resuscitate in certain limited circumstances; amending
7 s. 744.3675, F.S.; authorizing a guardian to sign an
8 order not to resuscitate in certain limited
9 circumstances; amending s. 744.441, F.S.; specifying a
10 plenary guardian’s or limited guardian of a ward’s
11 authority to sign an order not to resuscitate the
12 ward; authorizing such guardians to sign orders not to
13 resuscitate and consent to orders being entered on
14 their wards’ charts under certain circumstances;
15 requiring such guardians to file notice of such action
16 with the court within a certain timeframe; creating
17 part IX of ch. 744, Florida Statutes, entitled the
18 “Florida Guardianship Jurisdiction Act”; creating s.
19 744.74, F.S.; providing a short title; creating s.
20 744.75, F.S.; providing legislative purpose and
21 construction; creating s. 744.76, F.S.; defining
22 terms; creating s. 744.77, F.S.; providing
23 construction relating to international application;
24 creating s. 744.78, F.S.; authorizing courts of this
25 state to communicate with courts of another state
26 relating to certain proceedings; requiring courts of
27 this state to make a record of such communication;
28 specifying communications that interested persons must
29 be able to participate in; creating s. 744.79, F.S.;
30 specifying actions that a court of this state may
31 request from, and perform for, a court of another
32 state in certain guardianship proceedings; creating s.
33 744.80, F.S.; authorizing courts of this state to
34 permit witness testimony by certain means; providing
35 that certain evidence may be excluded after a judicial
36 determination of admissibility; creating s. 744.81,
37 F.S.; specifying factors a court must consider in
38 determining whether a respondent has a significant
39 connection with a particular state; creating s.
40 744.82, F.S.; providing construction relating to the
41 basis for jurisdiction; creating s. 744.83, F.S.;
42 specifying circumstances when a court of this state
43 has jurisdiction in certain guardianship proceedings;
44 creating s. 744.84, F.S.; specifying the special
45 jurisdiction of courts of this state; providing
46 procedures relating to the appointment of an emergency
47 temporary guardian under certain circumstances;
48 creating s. 744.85, F.S.; providing that a court that
49 has appointed a guardian has exclusive and continuing
50 jurisdiction until certain conditions are met;
51 creating s. 744.86, F.S.; authorizing a court of this
52 state to decline to exercise its jurisdiction under
53 certain circumstances; specifying requirements for
54 such court; specifying factors a court must consider
55 in determining whether it is an appropriate forum;
56 creating s. 744.87, F.S.; authorizing a court to
57 decline to exercise jurisdiction or to exercise
58 jurisdiction for a limited purpose under certain
59 circumstances; authorizing a court to assess certain
60 expenses against certain persons; prohibiting the
61 court from assessing certain fees, costs, or expenses
62 against this state; creating s. 744.88, F.S.;
63 providing notice requirements for certain petitions to
64 appoint a guardian; creating s. 744.89, F.S.;
65 providing procedures when certain proceedings are
66 pending in more than one state; creating s. 744.90,
67 F.S.; authorizing a guardian appointed in this state
68 to petition to transfer the guardianship to another
69 state; providing notice requirements; providing
70 requirements and procedures for the court; specifying
71 conditions before a court issues a final order
72 confirming the transfer and terminating the
73 guardianship; providing a requirement for the guardian
74 in filing a petition for discharge; creating s.
75 744.91, F.S.; specifying requirements and procedures
76 for the transfer of a guardianship from another state;
77 providing construction; creating s. 744.92, F.S.;
78 providing a procedure for registering guardianship
79 orders in this state under certain circumstances;
80 creating s. 744.93, F.S.; providing construction
81 relating to the effect of registering a guardianship
82 order; creating s. 744.94, F.S.; providing
83 construction relating to uniformity of law; creating
84 s. 744.95, F.S.; providing construction relating to
85 the federal Electronic Signatures in Global and
86 National Commerce Act; providing applicability;
87 providing an effective date.
88
89 Be It Enacted by the Legislature of the State of Florida:
90
91 Section 1. Section 744.306, Florida Statutes, is amended to
92 read:
93 744.306 Authority of guardian to accept payment of debt
94 owed to ward Foreign guardians.—
95 (1) When the residence of a ward of a foreign guardian is
96 moved to this state, the guardian shall, within 60 days after
97 such change of residence, file the authenticated order of her or
98 his appointment with the clerk of the court in the county where
99 the ward resides. Such order shall be recognized and given full
100 faith and credit in the courts of this state. The guardian and
101 the ward are subject to this chapter.
102 (2) A guardian appointed in any state, territory, or
103 country may maintain or defend any action in this state as a
104 representative of her or his ward.
105 (1)(3) A debtor Debtors who has not have received a no
106 written demand for payment from a guardian appointed in this
107 state within 60 days after the appointment of a guardian,
108 curator, conservator, or committee in any state, territory, or
109 country other than this state, and whose property in this state
110 is subject to a mortgage or other lien securing the debt held by
111 the foreign guardian, curator, conservator, or committee, may
112 pay the debt to the foreign guardian, curator, conservator, or
113 committee after the expiration of 60 days from the date of her
114 or his appointment. A satisfaction of the mortgage or lien,
115 executed after the 60 days have expired by the foreign guardian,
116 curator, conservator, or committee, with an authenticated copy
117 of the letters or other evidence of authority of the foreign
118 guardian, curator, conservator, or committee attached, may be
119 recorded in the public records of this state and shall
120 constitute an effective discharge of the mortgage or lien,
121 irrespective of whether the debtor had received written demand
122 before paying the debt.
123 (2)(4) A person All persons indebted to a ward, or having
124 possession of personal property belonging to a ward, who has not
125 have received a no written demand for payment of the
126 indebtedness or the delivery of the property from a guardian
127 appointed in this state is are authorized to pay the
128 indebtedness or to deliver the personal property to the foreign
129 guardian, curator, conservator, or committee after the
130 expiration of the 60 days from the date of her or his
131 appointment.
132 Section 2. Paragraph (f) of subsection (1) of section
133 744.363, Florida Statutes, is amended to read:
134 744.363 Initial guardianship plan.—
135 (1) The initial guardianship plan shall include all of the
136 following:
137 (f) A list of any preexisting orders not to resuscitate
138 executed under s. 401.45(3) or preexisting advance directives,
139 as defined in s. 765.101, the date an order or directive was
140 signed, whether such order or directive has been suspended by
141 the court, and a description of the steps taken to identify and
142 locate the preexisting order not to resuscitate or advance
143 directive. If a preexisting order not to resuscitate is
144 disclosed in a court-approved initial guardianship plan and has
145 not been suspended by the court, a plenary guardian or a limited
146 guardian of a ward may sign an order not to resuscitate as
147 provided in s. 401.45(3) without prior court approval under s.
148 744.441(2).
149 Section 3. Paragraph (d) of subsection (1) of section
150 744.3675, Florida Statutes, is amended to read:
151 744.3675 Annual guardianship plan.—Each guardian of the
152 person must file with the court an annual guardianship plan
153 which updates information about the condition of the ward. The
154 annual plan must specify the current needs of the ward and how
155 those needs are proposed to be met in the coming year.
156 (1) Each plan for an adult ward must, if applicable,
157 include:
158 (d) A list of any preexisting orders not to resuscitate
159 executed under s. 401.45(3) or preexisting advance directives,
160 as defined in s. 765.101, the date an order or directive was
161 signed, whether such order or directive has been suspended by
162 the court, and a description of the steps taken to identify and
163 locate the preexisting order not to resuscitate or advance
164 directive. If a preexisting order not to resuscitate is
165 disclosed in a court-approved annual guardianship plan and has
166 not been suspended by the court, a plenary guardian or a limited
167 guardian of a ward may sign an order not to resuscitate as
168 provided in s. 401.45(3) without prior court approval under s.
169 744.441(2).
170 Section 4. Subsection (2) of section 744.441, Florida
171 Statutes, is amended to read:
172 744.441 Powers of guardian upon court approval.—After
173 obtaining approval of the court pursuant to a petition for
174 authorization to act:
175 (2)(a) A plenary guardian or a limited guardian of a ward
176 may sign an order not to resuscitate as provided in s. 401.45(3)
177 for a ward who does not have such an order in effect. When
178 seeking a plenary guardian or a limited guardian of a ward seeks
179 to obtain approval of the court to sign an order not to
180 resuscitate, if required by exigent circumstances, the court
181 must hold a preliminary hearing within 72 hours after the
182 petition is filed, and:
183 1.(a) Rule on the relief requested immediately after the
184 preliminary hearing; or
185 2.(b) Conduct an evidentiary hearing not later than 4 days
186 after the preliminary hearing and rule on the relief requested
187 immediately after the evidentiary hearing.
188 (b)1. Notwithstanding paragraph (a), if the ward is
189 hospitalized and exigent circumstances exist which do not allow
190 time for the guardian to seek court approval under paragraph
191 (a), without prior court approval, the guardian may sign an
192 order not to resuscitate on behalf of the ward and consent to
193 the order being entered in the ward’s chart by a physician,
194 provided the hospital ethics committee has met and agrees with
195 the entry of an order not to resuscitate.
196 2. As soon as reasonable, and not more than 72 hours after
197 signing an order not to resuscitate and consenting to the order
198 being entered in the ward’s chart, the guardian must file notice
199 of such action with the court along with documentation
200 supporting the decision.
201 Section 5. Part IX of chapter 744, Florida Statutes,
202 consisting of ss. 744.74-744.95, Florida Statutes, is created
203 and entitled the “Florida Guardianship Jurisdiction Act.”
204 Section 6. Section 744.74, Florida Statutes, is created to
205 read:
206 744.74 Short title.—Sections 744.74-744.95 may be cited as
207 the “Florida Guardianship Jurisdiction Act.”
208 Section 7. Section 744.75, Florida Statutes, is created to
209 read:
210 744.75 Purpose; construction.—The purpose of this part is
211 to provide clear direction to the courts, attorneys, guardians,
212 and individuals about the proper jurisdiction for guardianship
213 proceedings. This part is intended to supplement, but not
214 replace, other parts of this chapter which provide procedures
215 for determining incapacity, appointing guardians, managing
216 estates, and other procedures as governed by this chapter. The
217 general purposes of this part are to:
218 (1) Avoid jurisdictional competition and conflict with
219 courts of other states in matters of guardianship.
220 (2) Establish procedures for transferring guardianship from
221 one state to another state when an adult ward moves.
222 (3) Avoid relitigating the guardianship decisions of other
223 states in this state.
224 (4) Discourage the use of the interstate system for
225 continuing controversies over guardianship.
226 (5) Provide a uniform national system for registration and
227 enforcement of out-of-state orders appointing a guardian.
228 Section 8. Section 744.76, Florida Statutes, is created to
229 read:
230 744.76 Definitions.—As used in this part, the term:
231 (1) “Home state” means the state in which the respondent
232 was physically present, including any period of temporary
233 absence, for at least 6 consecutive months immediately before
234 the filing of a petition for incapacity, guardianship, or
235 similar petition. If no such state exists, then the home state
236 is the state in which the respondent was physically present,
237 including any period of temporary absence, for at least 6
238 consecutive months ending within the 6 months immediately before
239 the filing of the petition.
240 (2) “Respondent” means an adult who is an alleged
241 incapacitated person or ward.
242 (3) “Significant-connection state” means a state, other
243 than the home state, with which a respondent has a significant
244 connection other than mere physical presence, and in which
245 substantial evidence concerning the respondent is available.
246 (4) “State” means a state of the United States, the
247 District of Columbia, Puerto Rico, the United States Virgin
248 Islands, a federally recognized Indian tribe, or any territory
249 or insular possession subject to the jurisdiction of the United
250 States.
251 Section 9. Section 744.77, Florida Statutes, is created to
252 read:
253 744.77 International application of part.—A court of this
254 state may treat a foreign country as if it were a state of the
255 United States for purposes of applying this part.
256 Section 10. Section 744.78, Florida Statutes, is created to
257 read:
258 744.78 Communication between courts.—
259 (1) A court of this state may communicate with a court of
260 another state concerning a proceeding arising under this
261 chapter; however, the court of this state shall make a record of
262 the communication.
263 (2) Communications between courts may not occur without the
264 ability of interested persons to also participate in the
265 communication, either in person or by other means of
266 participation. Interested persons need not be a party to the
267 internal communications between the clerks of the various
268 courts.
269 Section 11. Section 744.79, Florida Statutes, is created to
270 read:
271 744.79 Cooperation between courts.—
272 (1) In a guardianship proceeding in this state, a court of
273 this state may request the appropriate court of another state to
274 do any of the following:
275 (a) Hold a hearing.
276 (b) Order a person in that state to produce evidence or
277 given testimony pursuant to procedures of that state.
278 (c) Order that an evaluation or assessment be made of the
279 respondent.
280 (d) Order any appropriate investigation of a person
281 involved in a proceeding.
282 (e) Forward to the court of this state a certified copy of
283 the transcript or other records of a hearing under paragraph (a)
284 or any other proceeding, any evidence otherwise produced under
285 paragraph (b), and any evaluation or assessment prepared in
286 compliance with an order under paragraph (c) or paragraph (d).
287 (f) Issue any order necessary to assure the appearance in
288 the proceeding of a person whose presence is necessary for the
289 court to make a determination, including the respondent.
290 (g) Issue an order authorizing the release of medical,
291 financial, criminal, or other relevant information in that
292 state, including protected health information as defined in 45
293 C.F.R. s. 160.103.
294 (2) If a court of another state in which a guardianship
295 proceeding is pending requests the kind of assistance described
296 in subsection (1), a court of this state has jurisdiction for
297 the limited purpose of granting the request or making reasonable
298 efforts to comply with the request.
299 Section 12. Section 744.80, Florida Statutes, is created to
300 read:
301 744.80 Taking testimony in another state.—
302 (1) In a guardianship proceeding, upon agreement of all the
303 parties, a court of this state may permit a witness located in
304 another state to be deposed or to testify by telephone,
305 audiovisual, or other electronic means.
306 (2) Documentary evidence transmitted from another state to
307 a court of this state by technological means which does not
308 produce an original writing may be excluded from evidence after
309 a judicial determination of admissibility.
310 Section 13. Section 744.81, Florida Statutes, is created to
311 read:
312 744.81 Significant-connection factors.—In determining
313 whether a respondent has a significant connection with a
314 particular state, the court shall consider the following:
315 (1) The location of the respondent’s family and other
316 persons required to be notified of the guardianship proceeding.
317 (2) The length of time that the respondent was physically
318 present in the state at any point in time and the duration of
319 any absence.
320 (3) The location of the respondent’s property.
321 (4) The extent to which the respondent has ties to the
322 state, such as voting registration, state or local tax return
323 filing, vehicle registration, driver license, social
324 relationships, and receipt of services.
325 Section 14. Section 744.82, Florida Statutes, is created to
326 read:
327 744.82 Exclusive basis for jurisdiction.—This part provides
328 the exclusive jurisdictional basis for a court of this state to
329 appoint a guardian for an adult. If the courts of this state
330 have jurisdiction, the appropriate venue shall be determined as
331 provided in s. 744.1097.
332 Section 15. Section 744.83, Florida Statutes, is created to
333 read:
334 744.83 Jurisdiction.—A court of this state has jurisdiction
335 to determine incapacity, appoint a guardian, or undertake
336 similar proceedings if any of the following applies:
337 (1) This state is the respondent’s home state.
338 (2) On the date a petition is filed, this state is a
339 significant-connection state and:
340 (a) The respondent does not have a home state, or a court
341 of the respondent’s home state has declined to exercise
342 jurisdiction because this state is a more appropriate forum; or
343 (b) The respondent has a home state but a petition for an
344 appointment or order is not pending in a court of that state or
345 another significant-connection state, and before the court of
346 this state makes the appointment or issues an order:
347 1. A petition to determine incapacity, appoint a guardian,
348 or other similar proceeding is not filed in the respondent’s
349 home state;
350 2. An objection to the jurisdiction of the court of this
351 state is not filed by a person required to be notified of the
352 proceeding; and
353 3. The court of this state concludes that it is the
354 appropriate forum after considering the factors set forth in s.
355 744.86.
356 (3) This state does not have jurisdiction under subsection
357 (1) or subsection (2), the respondent’s home state and all
358 significant-connection states have declined to exercise
359 jurisdiction because this state is the more appropriate forum,
360 and jurisdiction in this state is consistent with the State
361 Constitution and the United States Constitution.
362 (4) The requirements for special jurisdiction under s.
363 744.84 are met.
364 Section 16. Section 744.84, Florida Statutes, is created to
365 read:
366 744.84 Special jurisdiction.—
367 (1) A court of this state has jurisdiction to do the
368 following:
369 (a) In accordance with this chapter, appoint an emergency
370 temporary guardian pursuant to s. 744.3031 for a person who is
371 physically present in this state.
372 (b) Appoint a guardian for a ward for whom a provisional
373 order to transfer the proceeding from another state has been
374 issued.
375 (2) If a petition for the appointment of an emergency
376 temporary guardian is brought in this state and this state is
377 not the respondent’s home state on the date that the petition is
378 filed, the court must dismiss the proceeding at the request of
379 the court of the home state, if any such request is made, only
380 after a hearing and judicial determination of the appropriate
381 forum of the alleged incapacitated person based on those factors
382 as set forth in s. 744.86, whether by the home state or this
383 state. If, after the hearing, the home state and this state
384 differ in their determination of which is the appropriate forum,
385 the determination of the home state shall prevail, whether
386 dismissal is requested before or after the emergency
387 appointment.
388 Section 17. Section 744.85, Florida Statutes, is created to
389 read:
390 744.85 Exclusive and continuing jurisdiction.—Except as
391 otherwise provided in s. 744.84, a court that has appointed a
392 guardian consistent with this part has exclusive and continuing
393 jurisdiction over the proceeding only until a determination is
394 made as to the proper jurisdiction of the action, the
395 jurisdiction is terminated by the court, or the appointment or
396 order expires by its own terms.
397 Section 18. Section 744.86, Florida Statutes, is created to
398 read:
399 744.86 Appropriate forum.—
400 (1) A court of this state having jurisdiction to appoint a
401 guardian may decline to exercise its jurisdiction if it
402 determines at any time that a court of another state is a more
403 appropriate forum.
404 (2) If a court of this state declines to exercise its
405 jurisdiction under subsection (1), it must dismiss or stay the
406 proceeding. The court may impose any condition that the court
407 considers just and proper, including requiring that a petition
408 for the appointment of a guardian or issuance of similar
409 petition be filed promptly in another state.
410 (3) In determining whether it is an appropriate forum, the
411 court shall consider all relevant factors, including:
412 (a) Any expressed preference of the respondent.
413 (b) Whether abuse, neglect, or exploitation of the
414 respondent has occurred or is likely to occur, and which state
415 could best protect the respondent from the abuse, neglect, or
416 exploitation.
417 (c) The length of time the respondent was physically
418 present in or was a legal resident of this or another state.
419 (d) The distance of the respondent from the court in each
420 state.
421 (e) The financial circumstances of the respondent’s estate.
422 (f) The nature and location of the evidence.
423 (g) The ability of the court in each state to decide the
424 issue expeditiously and the procedures necessary to present
425 evidence.
426 (h) The familiarity of the court of each state with the
427 facts and issues in the proceeding.
428 (i) If an appointment was made, the court’s ability to
429 monitor the conduct of the guardian or conservator.
430 Section 19. Section 744.87, Florida Statutes, is created to
431 read:
432 744.87 Jurisdiction declined by reason of conduct.—
433 (1) If at any time a court of this state determines that it
434 acquired jurisdiction to appoint a guardian because a person
435 seeking to invoke its jurisdiction engaged in bad faith or
436 unlawful conduct, the court may:
437 (a) Decline to exercise jurisdiction; or
438 (b) Exercise jurisdiction for the limited purpose of
439 fashioning an appropriate remedy to ensure the health, safety,
440 and welfare of the respondent or protecting the respondent’s
441 property, or both, including staying the proceeding until a
442 petition for the appointment of a guardian is filed in a court
443 of another state having jurisdiction.
444 (2) If a court of this state determines that it acquired
445 jurisdiction to appoint a guardian because a person seeking to
446 invoke its jurisdiction engaged in bad faith or unlawful
447 conduct, it may assess that person necessary and reasonable
448 expenses, including attorney fees, investigative fees, court
449 costs, communication expenses, witness fees and expenses, and
450 travel expenses. The court may not assess fees, costs, or
451 expenses of any kind against this state or a governmental
452 subdivision, agency, or instrumentality of this state unless
453 otherwise expressly authorized by law.
454 Section 20. Section 744.88, Florida Statutes, is created to
455 read:
456 744.88 Notice of proceeding.—If a petition for the
457 appointment of a guardian is brought in this state and this
458 state is not the respondent’s home state on the date that the
459 petition was filed, the petitioner must provide notice of the
460 petition to those persons who would be entitled to notice of the
461 petition in this state and in the respondent’s home state.
462 Section 21. Section 744.89, Florida Statutes, is created to
463 read:
464 744.89 Proceedings in more than one state.—Except for a
465 petition for the appointment of an emergency temporary guardian,
466 if a petition for the appointment of a guardian is filed in this
467 state and in another state and neither petition has been
468 dismissed or withdrawn, the following rules apply:
469 (1) If the court of this state has jurisdiction under this
470 chapter, it may proceed with the case unless a court of another
471 state acquires jurisdiction before the appointment of the
472 guardian or issuance of the order.
473 (2) If the court of this state does not have jurisdiction
474 under this chapter after a hearing and judicial determination of
475 same, whether at the time the petition is filed or at any time
476 before the appointment of a guardian or issuance of an order,
477 the court must stay the proceeding and communicate with the
478 court of the other state. If the court of the other state has
479 jurisdiction after a hearing and judicial determination of same,
480 the court of this state must dismiss the petition unless the
481 court of the other state determines that the court of this state
482 is a more appropriate forum.
483 Section 22. Section 744.90, Florida Statutes, is created to
484 read:
485 744.90 Transfer of guardianship to another state.—
486 (1) A guardian appointed in this state may petition the
487 court to transfer the guardianship to another state as provided
488 in s. 744.1098(1).
489 (2) Notice of a petition under subsection (1) must be given
490 to the ward and all of the next of kin of the ward.
491 (3) On the court’s own motion or upon request of the
492 guardian, the ward, or both, the court shall hold a hearing on a
493 petition filed under subsection (1).
494 (4) The court may issue an order provisionally granting a
495 petition to transfer a guardianship and shall direct the
496 guardian to petition for guardianship in the other state if the
497 court is satisfied that the guardianship will likely be accepted
498 by the court of the other state and the court finds that:
499 (a) The ward is physically present in or is reasonably
500 expected to move permanently to the other state;
501 (b) An objection to the transfer has not been made or, if
502 an objection has been made, the objector has not established
503 that the transfer would be contrary to the best interests of the
504 ward; and
505 (c) Plans for care and services for the ward in the other
506 state are reasonable and sufficient.
507 (5) The court shall issue a final order confirming the
508 transfer and terminating the guardianship upon its receipt of:
509 (a) A provisional order accepting the proceeding from the
510 court to which the proceeding is to be transferred and issued
511 under provisions similar to s. 744.89; and
512 (b) The documents required, including any required
513 accountings, to terminate a guardianship in this state.
514 (6) The guardian of the ward in this state shall file a
515 petition for discharge in accordance with part VII of this
516 chapter within 60 days after receipt of an order confirming the
517 transfer of the guardianship to another jurisdiction.
518 Section 23. Section 744.91, Florida Statutes, is created to
519 read:
520 744.91 Accepting guardianship transferred from another
521 state.—
522 (1) Within 60 days after the residence of a ward of a
523 foreign guardian is moved to this state, the foreign guardian
524 appointed in another state shall file a petition to determine
525 incapacity and a petition to appoint a guardian with the clerk
526 of court in the county in which the ward resides. The petitions
527 must include a certified copy of the other state’s provisional
528 order of transfer, in addition to a certified copy of the
529 guardian’s letters of guardianship or the equivalent.
530 (2) Notice of the petitions under subsection (1) must be
531 given to those persons who would be entitled to notice in this
532 state in the same manner as notice is required to be given in
533 this state and the respondent’s home state.
534 (3) The court shall hold a hearing on the petitions filed
535 pursuant to the procedures set forth in this chapter.
536 (4) The court shall issue orders provisionally granting the
537 petitions unless:
538 (a) An objection is made and the objector establishes that
539 transfer of the proceeding would be contrary to the best
540 interests of the ward; or
541 (b) The guardian is ineligible for appointment in this
542 state.
543 (5) Until such time as a guardian is appointed in this
544 state for the ward or the ward is determined to not require a
545 guardian in this state, the foreign guardian’s authority is
546 recognized and given full faith and credit in the courts of this
547 state, provided that the guardian is qualified to serve as the
548 guardian of the ward in this state. A foreign guardian who fails
549 to comply with the requirements of this section has no authority
550 to act on behalf of the ward in this state.
551 (6) After appointment of a guardian in this state, the
552 court may issue such orders as necessary to complete the
553 transfer of the foreign guardianship to this state or the
554 termination of the foreign guardianship, as may be required.
555 (7) The authority of the guardian of a nonresident ward
556 shall be recognized and given full faith and credit in the
557 courts of this state. A guardian appointed in another state or
558 country may maintain or defend any action in this state as a
559 representative of the ward unless a guardian has been appointed
560 in this state.
561 Section 24. Section 744.92, Florida Statutes, is created to
562 read:
563 744.92 Registration of guardianship orders.—If a guardian
564 has been appointed in another state and a petition for the
565 appointment of a guardianship is not pending in this state, the
566 guardian appointed in the other state, after giving notice of
567 the appointment to the appointing court of the intent to
568 register, may register the guardianship order in this state by
569 filing it as a foreign judgment in a court of this state
570 pursuant to ss. 744.307 and 744.308.
571 Section 25. Section 744.93, Florida Statutes, is created to
572 read:
573 744.93 Effect of registration.—Upon registration of an
574 order from another state appointing a guardian, the guardian or
575 conservator may exercise in this state all powers authorized in
576 the order of appointment except as prohibited under the laws of
577 this state and, if the guardian is not a resident of this state,
578 subject to any conditions imposed upon nonresident parties.
579 Section 26. Section 744.94, Florida Statutes, is created to
580 read:
581 744.94 Uniformity of application and construction.—In
582 applying and construing this part, consideration must be given
583 to the need to promote uniformity of the law with respect to its
584 subject matter among states that enact it.
585 Section 27. Section 744.95, Florida Statutes, is created to
586 read:
587 744.95 Relation to federal Electronic Signatures in Global
588 and National Commerce Act.—This part modifies, limits, and
589 supersedes the federal Electronic Signatures in Global and
590 National Commerce Act, 15 U.S.C. s. 7001 et seq., but does not
591 modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s.
592 7001(c), or authorize electronic delivery of any of the notices
593 described in s. 103(b) of that act, 15 U.S.C. s. 7003(b).
594 Section 28. This act applies to new and existing
595 guardianship proceedings on or after July 1, 2022.
596 Section 29. This act shall take effect July 1, 2022.
