Bill Text: FL S1338 | 2019 | Regular Session | Introduced


Bill Title: Guardianship

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-18 - On Committee agenda-- Rules, 04/23/19, 2:00 pm, 110 Senate Building [S1338 Detail]

Download: Florida-2019-S1338-Introduced.html
       Florida Senate - 2019                                    SB 1338
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-01934A-19                                          20191338__
    1                        A bill to be entitled                      
    2         An act relating to guardianship; amending s. 744.1097,
    3         F.S.; applying provisions relating to the
    4         determination of venue in proceedings for the
    5         appointment of a guardian to minors; amending s.
    6         744.331, F.S.; requiring that a court dismiss a
    7         petition for determination of incapacity if all
    8         members of the examining committee conclude that the
    9         person is not incapacitated, unless a certain motion
   10         is filed within a specified period; providing
   11         requirements for such motion; requiring the court to
   12         rule on the motion as soon as practicable; authorizing
   13         the court to impose sanctions under certain
   14         circumstances; amending s. 744.3701, F.S.; making
   15         technical revisions; providing for retroactive
   16         application; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 744.1097, Florida Statutes, is amended
   21  to read:
   22         744.1097 Venue.—
   23         (1) The venue in proceedings for declaration of incapacity
   24  shall be where the alleged incapacitated person resides or is
   25  found. The provisions of This section does do not apply to
   26  veterans.
   27         (2) The venue in proceedings for the appointment of a
   28  guardian is shall be:
   29         (a) If the incapacitated person or minor is a resident of
   30  this state, in the county where the incapacitated person or
   31  minor resides.
   32         (b) If the incapacitated person or minor is not a resident
   33  of this state, in any county in this state where property of the
   34  incapacitated person or minor is located.
   35         (c) If the incapacitated person or minor is not a resident
   36  of this state and owns no property in this state, in the county
   37  where any debtor of the incapacitated person or minor resides.
   38         (3) When the residence of an incapacitated person or minor
   39  is changed to another county, the guardian shall petition to
   40  have the venue of the guardianship changed to the county of the
   41  acquired residence, except as provided in s. 744.1098.
   42         (4) If an incapacitated person or minor is a resident of
   43  this state and is found in a county other than the county of
   44  residence, the venue for declaration of incapacity and for the
   45  appointment of a guardian may be the county where the
   46  incapacitated person or minor is found. Upon transfer of the
   47  incapacitated person or minor to the county of residence, the
   48  guardian may have the venue of the guardianship changed to the
   49  county of residence and a successor guardian may be appointed.
   50         Section 2. Subsection (4) of section 744.331, Florida
   51  Statutes is amended to read:
   52         744.331 Procedures to determine incapacity.—
   53         (4) DISMISSAL OF PETITION.—If all three members of the
   54  examining committee conclude that the alleged incapacitated
   55  person is not incapacitated in any respect, the court must
   56  dismiss the petition unless a verified motion that challenges
   57  the examining committee’s conclusion is filed no later than 10
   58  days after service of the last examining committee report. The
   59  verified motion must make a reasonable showing, by evidence in
   60  the record or proffered, that a hearing on the petition is
   61  necessary. The court shall rule on the verified motion as soon
   62  as is practicable. If the court finds that the verified motion
   63  is filed in bad faith, the court may impose sanctions under
   64  subparagraph (7)(c)2. If a majority of the examining committee
   65  members conclude that the alleged incapacitated person is not
   66  incapacitated in any respect, the court shall dismiss the
   67  petition.
   68         Section 3. Subsection (1) of section 744.3701, Florida
   69  Statutes, is amended to read:
   70         744.3701 Confidentiality.—
   71         (1) Unless otherwise ordered by the court, upon a showing
   72  of good cause, or unless otherwise provided by this chapter, an
   73  initial, annual, or final guardianship report or amendment
   74  thereto, or a court record relating to the settlement of a
   75  claim, is subject to inspection only by any of the following:
   76         (a) The court.,
   77         (b) The clerk or the clerk’s representative.,
   78         (c) The guardian and the guardian’s attorney.,
   79         (d) The guardian ad litem with regard to the settlement of
   80  the claim.,
   81         (e) The ward if he or she is at least 14 years of age and
   82  has not been determined to be totally incapacitated.,
   83         (f) The ward’s attorney.,
   84         (g) The minor if he or she is at least 14 years of age., or
   85         (h) The attorney representing the minor with regard to the
   86  minor’s claim, or as otherwise provided by this chapter.
   87         Section 4. This act applies retroactively to all
   88  proceedings pending before the effective date of this act and to
   89  all proceedings commenced on or after the effective date of this
   90  act.
   91         Section 5. This act shall take effect upon becoming a law.

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