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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to jurisdiction for guardianship 2
proceedings; creating part IX of ch. 744, Florida 3
Statutes, entitled the "Florida Guardianship 4
Jurisdiction Act"; creating s. 744.74, F.S.; providing 5
a short title; creating s. 744.75, F.S.; providing 6
legislative purpose and construction; creating s. 7
744.76, F.S.; providing definitions; creating s. 8
744.77, F.S.; providing construction relating to 9
international application; creating s. 744.78, F.S.; 10
authorizing courts of this state to communicate with 11
courts of another state relating to certain 12
proceedings; requiring courts of this state to make a 13
record of such communication; specifying 14
communications that interested persons must be able to 15
participate in; creating s. 744.79, F.S.; specifying 16
actions that a court of this state may request from, 17
and perform for, a court of another state in certain 18
guardianship proceedings; creating s. 744.80, F.S.; 19
authorizing courts of this state to permit witness 20
testimony by certain means; providing that certain 21
evidence may be excluded after a judicial 22
determination of admissibility; creating s. 744.81, 23
F.S.; specifying factors a court must consider in 24
determining whether a respondent has a significant 25
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connection with a particular state; creating s. 26
744.82, F.S.; providing co nstruction relating to the 27
basis for jurisdiction; creating s. 744.83, F.S.; 28
specifying circumstances when a court of this state 29
has jurisdiction in certain guardianship proceedings; 30
creating s. 744.84, F.S.; specifying the special 31
jurisdiction of courts o f this state; providing 32
procedures relating to the appointment of an emergency 33
temporary guardian under certain circumstances; 34
creating s. 744.85, F.S.; providing that a court that 35
has appointed a guardian has exclusive and continuing 36
jurisdiction until ce rtain conditions are met; 37
creating s. 744.86, F.S.; authorizing a court of this 38
state to decline to exercise its jurisdiction under 39
certain circumstances; specifying requirements for 40
such court; specifying factors a court must consider 41
in determining wheth er it is an appropriate forum; 42
creating s. 744.87, F.S.; authorizing a court to 43
decline to exercise jurisdiction or to exercise 44
jurisdiction for a limited purpose under certain 45
circumstances; authorizing a court to assess certain 46
expenses against certain p ersons; prohibiting the 47
court from assessing certain fees, costs, or expenses 48
against this state; creating s. 744.88, F.S.; 49
providing notice requirements for certain petitions to 50
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appoint a guardian; creating s. 744.89, F.S.; 51
providing procedures when certa in proceedings are 52
pending in more than one state; creating s. 744.90, 53
F.S.; authorizing a guardian appointed in this state 54
to petition to transfer the guardianship to another 55
state; providing notice requirements; providing 56
requirements and procedures for the court; specifying 57
conditions before a court issues a final order 58
confirming the transfer and terminating the 59
guardianship; providing a requirement for the guardian 60
in filing a petition for discharge; creating s. 61
744.91, F.S.; specifying requirements an d procedures 62
for the transfer of a guardianship from another state; 63
providing construction; creating s. 744.92, F.S.; 64
providing a procedure for registering guardianship 65
orders in this state under certain circumstances; 66
creating s. 744.93, F.S.; providing c onstruction 67
relating to the effect of registering a guardianship 68
order; creating s. 744.94, F.S.; providing 69
construction relating to uniformity of law; creating 70
s. 744.95, F.S.; providing construction relating to 71
the federal Electronic Signatures in Global and 72
National Commerce Act; creating s. 744.96, F.S.; 73
providing applicability; providing an effective date. 74
75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 76
77
Section 1. Part IX of chapter 744, Florida Statutes, 78
consisting of ss. 744.74 -744.96, Florida Statutes, is created 79
and entitled the "Florida Guardianship Jurisdiction Act." 80
Section 2. Section 744.74, Florida Statutes, is created to 81
read: 82
744.74 Short title. —This act may be cited as the "Florida 83
Guardianship Jurisdiction Act." 84
Section 3. Section 744.75, Florida Statutes, is created to 85
read: 86
744.75 Purpose; construction. —The purpose of this part is 87
to provide clear direction to the courts, attorneys, guardians, 88
and individuals about the proper jurisdiction for guardianship 89
proceedings. This part is intended to supplement, but not 90
replace, the current system for determining incapacity, 91
appointing guardians, managing estates, and other procedures as 92
governed by this chapter. The general purposes of this part are 93
to: 94
(1) Avoid jurisdictional competition and conflict with 95
courts of other states in matters of guardianship. 96
(2) Establish procedures for transferring guardianship 97
from one state to another state when the incapacitated adult 98
moves. 99
(3) Avoid relitigating the guar dianship decisions of other 100
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states in this state. 101
(4) Discourage the use of the interstate system for 102
continuing controversies over guardianship. 103
(5) Provide a uniform national system for registration and 104
enforcement of out-of-state guardianship orders . 105
Section 4. Section 744.76, Florida Statutes, is created to 106
read: 107
744.76 Definitions. —As used in this part, the term: 108
(1) "Adult" means an individual who has attained 18 years 109
of age. 110
(2) "Emergency" means imminent danger that the physical or 111
mental health or safety of the respondent will be seriously 112
impaired or that the respondent's property is in danger of being 113
wasted, misappropriated, or lost unless immediate action is 114
taken. 115
(3) "Guardian" has the same meaning as in s. 744.102(9) 116
and includes a limited or plenary guardian or an emergency 117
temporary guardian as set forth in this chapter. 118
(4) "Guardianship order" means an order appointing a 119
guardian. 120
(5) "Guardianship proceeding" means a judicial proceeding 121
in which an order for the app ointment of a guardian is sought or 122
has been issued. 123
(6) "Home state" means the state in which the respondent 124
was physically present, including any period of temporary 125
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absence, for at least 6 consecutive months immediately before 126
the filing of a petition for incapacity, guardianship, or 127
similar petition. If no such state exists, then the home state 128
is the state in which the respondent was physically present, 129
including any period of temporary absence, for at least 6 130
consecutive months ending within the 6 m onths immediately before 131
the filing of the petition. 132
(7) "Incapacitated person" means a person who has been 133
adjudicated by a court of competent jurisdiction to lack the 134
capacity to manage at least some of his or her property or to 135
meet at least some of h is or her essential health and safety 136
requirements, and for whom a guardian has been appointed. 137
(8) "Interested person" has the same meaning as in s. 138
731.201. 139
(9) "Party" means the respondent, petitioner, guardian, 140
conservator, or any other person allo wed by the court to 141
participate in a guardianship, incapacity, or similar 142
proceeding. 143
(10) "Person," except when used in the terms 144
"incapacitated person" or "interested person," includes 145
individuals, children, firms, associations, joint adventures, 146
partnerships, estates, trusts, business trusts, syndicates, 147
fiduciaries, corporations, and all other groups or combinations 148
thereof, as defined in s. 1.01(3). 149
(11) "Respondent" means an adult for whom the appointment 150
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of a guardian is sought. 151
(12) "Significant-connection state" means a state, other 152
than the home state, with which a respondent has a significant 153
connection other than mere physical presence, and in which 154
substantial evidence concerning the respondent is available. 155
(13) "State" means a state of the United States, the 156
District of Columbia, Puerto Rico, the United States Virgin 157
Islands, a federally recognized Indian tribe, or any territory 158
or insular possession subject to the jurisdiction of the United 159
States. 160
(14) "Ward" means a perso n for whom a guardian or 161
conservator has been appointed. 162
Section 5. Section 744.77, Florida Statutes, is created to 163
read: 164
744.77 International application of part. —A court of this 165
state shall treat a foreign country as if it were a state of the 166
United States for purposes of applying this part. 167
Section 6. Section 744.78, Florida Statutes, is created to 168
read: 169
744.78 Communication between courts. — 170
(1) A court of this state may communicate with a court of 171
another state concerning a proceeding aris ing under this part; 172
however, the court of this state shall make a record of the 173
communication. 174
(2) Communications between courts may not occur without 175
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the ability of interested persons to also participate in the 176
communication, either in person or by oth er means of 177
participation. Interested persons need not be a party to the 178
internal communications between the clerks of the various 179
courts. 180
Section 7. Section 744.79, Florida Statutes, is created to 181
read: 182
744.79 Cooperation between courts. — 183
(1) In a guardianship proceeding in this state, a court of 184
this state may request the appropriate court of another state to 185
do any of the following: 186
(a) Hold a hearing. 187
(b) Order a person in that state to produce evidence or 188
given testimony pursuant to procedu res of that state. 189
(c) Order that an evaluation or assessment be made of the 190
respondent. 191
(d) Order any appropriate investigation of a person 192
involved in a proceeding. 193
(e) Forward to the court of this state a certified copy of 194
the transcript or other records of a hearing under paragraph (a) 195
or any other proceeding, any evidence otherwise produced under 196
paragraph (b), and any evaluation or assessment prepared in 197
compliance with an order under paragraph (c) or paragraph (d). 198
(f) Issue any order necessa ry to assure the appearance in 199
the proceeding of a person whose presence is necessary for the 200
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court to make a determination, including the respondent or the 201
incapacitated person. 202
(g) Issue an order authorizing the release of medical, 203
financial, criminal, or other relevant information in that 204
state, including protected health information as defined in 45 205
C.F.R. s. 160.103. 206
(2) If a court of another state in which a guardianship 207
proceeding is pending requests the kind of assistance described 208
in subsection (1), a court of this state has jurisdiction for 209
the limited purpose of granting the request or making reasonable 210
efforts to comply with the request. 211
Section 8. Section 744.80, Florida Statutes, is created to 212
read: 213
744.80 Taking testimony in another state.— 214
(1) In a guardianship proceeding, upon agreement of all 215
the parties, a court of this state may permit a witness located 216
in another state to be deposed or to testify by telephone, 217
audiovisual, or other electronic means. 218
(2) Documentary evidence transmitted from another state to 219
a court of this state by technological means that does not 220
produce an original writing may be excluded from evidence after 221
a judicial determination of admissibility. 222
Section 9. Section 744.81, Florida Statutes, is crea ted to 223
read: 224
744.81 Significant-connection factors.—In determining 225
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whether a respondent has a significant connection with a 226
particular state, the court shall consider the following: 227
(1) The location of the respondent's family and other 228
persons required to be notified of the guardianship proceeding. 229
(2) The length of time that the respondent was physically 230
present in the state at any point in time and the duration of 231
any absence. 232
(3) The location of the respondent's property. 233
(4) The extent to which the respondent has ties to the 234
state, such as voting registration, state or local tax return 235
filings, vehicle registration, driver license, social 236
relationships, and receipt of services. 237
Section 10. Section 744.82, Florida Statutes, is created 238
to read: 239
744.82 Exclusive basis for jurisdiction. —This part 240
provides the exclusive jurisdictional basis for a court of this 241
state to appoint a guardian for an adult. 242
Section 11. Section 744.83, Florida Statutes, is created 243
to read: 244
744.83 Jurisdiction.—A court of this state has 245
jurisdiction to determine incapacity, appoint a guardian, or 246
undertake similar proceedings if any of the following apply: 247
(1) This state is the respondent's home state. 248
(2) On the date a petition is filed, this state is a 249
significant-connection state and: 250
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(a) The respondent does not have a home state, or a court 251
of the respondent's home state has declined to exercise 252
jurisdiction because this state is a more appropriate forum; or 253
(b) The respondent has a home state but a petition for an 254
appointment or order is not pending in a court of that state or 255
another significant-connection state, and before the court of 256
this state makes the appointment or issues an order: 257
1. A petition to determine incapacity, appoint a guardian, 258
or other similar proceeding is not filed in the respondent's 259
home state; 260
2. An objection to the jurisdiction of the court of this 261
state is not filed by a person required to be notified of the 262
proceeding; and 263
3. The court of this state concludes that i t is the 264
appropriate forum after considering the factors set forth in s. 265
744.86. 266
(3) This state does not have jurisdiction under subsection 267
(1) or subsection (2), the respondent's home state and all 268
significant-connection states have declined to exercise 269
jurisdiction because this state is the more appropriate forum, 270
and jurisdiction in this state is consistent with the State 271
Constitution and the United States Constitution. 272
(4) The requirements for special jurisdiction under s. 273
744.84 are met. 274
Section 12. Section 744.84, Florida Statutes, is created 275
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to read: 276
744.84 Special jurisdiction. — 277
(1) A court of this state has jurisdiction to do the 278
following: 279
(a) In accordance with this chapter, appoint a temporary 280
guardian in an emergency for a respondent who is physically 281
present in this state. 282
(b) Appoint a guardian for an incapacitated person for 283
whom a provisional order to transfer the proceeding from another 284
state has been issued. 285
(2) If a petition for the appointment of an emergency 286
temporary guardian is brought in this state and this state was 287
not the respondent's home state on the date that the petition 288
was filed, the court must dismiss the proceeding at the request 289
of the court of the home state, if any such request is made, 290
only after a hearing and judicial determination of the 291
appropriate forum of the respondent based on the factors in s. 292
744.86, whether by the home state or this state. If, after the 293
hearing, the home state and this state differ in their 294
determination of which is the appropriate forum, the home state 295
shall prevail, whether dismissal is requested before or after 296
the emergency appointment. 297
Section 13. Section 744.85, Florida Statutes, is created 298
to read: 299
744.85 Exclusive and continuing jurisdiction. —Except as 300
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otherwise provided in s. 744.84, a court that has appointed a 301
guardian consistent with this part has exclusive and continuing 302
jurisdiction over the proceeding only until a determination is 303
made as to the proper jurisdiction of the action, the 304
jurisdiction is terminated by the court, or the appointment or 305
order expires by its own terms. 306
Section 14. Section 744.86, Florida Statutes, is created 307
to read: 308
744.86 Appropriate forum. — 309
(1) A court of this state having jurisdiction to appoint a 310
guardian may decline to exercise its jurisdiction if it 311
determines at any time that a court of another state is a more 312
appropriate forum. 313
(2) If a court of this state declines to exercise its 314
jurisdiction under subsection (1), it must dismiss or stay the 315
proceeding. The court may impose any condition that the court 316
considers just and proper, including requiring that a petition 317
for the appointment of a guardian or issuance of similar 318
petition be filed promptly in another state. 319
(3) In determining whether it is an appropri ate forum, the 320
court shall consider all relevant factors, including: 321
(a) Any expressed preference of the respondent. 322
(b) Whether abuse, neglect, or exploitation of the 323
respondent has occurred or is likely to occur, and which state 324
could best protect th e respondent from the abuse, neglect, or 325
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exploitation. 326
(c) The length of time the respondent was physically 327
present in or was a legal resident of this or another state. 328
(d) The distance of the respondent from the court in each 329
state. 330
(e) The financial circumstances of the respondent's 331
estate. 332
(f) The nature and location of the evidence. 333
(g) The ability of the court in each state to decide the 334
issue expeditiously and the procedures necessary to present 335
evidence. 336
(h) The familiarity of the court of each state with the 337
facts and issues in the proceeding. 338
(i) If an appointment were made, the court's ability to 339
monitor the conduct of the guardian or conservator. 340
Section 15. Section 744.87, Florida Statutes, is created 341
to read: 342
744.87 Jurisdiction declined by reason of conduct. — 343
(1) If at any time a court of this state determines that 344
it acquired jurisdiction to appoint a guardian because a person 345
seeking to invoke its jurisdiction engaged in unjustifiable 346
conduct, the court may: 347
(a) Decline to exercise jurisdiction; or 348
(b) Exercise jurisdiction for the limited purpose of 349
fashioning an appropriate remedy to ensure the health, safety, 350
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and welfare of the respondent or protecting the respondent's 351
property, or both, including staying th e proceeding until a 352
petition for the appointment of a guardian is filed in a court 353
of another state having jurisdiction. 354
(2) If a court of this state determines that it acquired 355
jurisdiction to appoint a guardian because a person seeking to 356
invoke its jurisdiction engaged in bad faith or unlawful 357
conduct, it may assess that person necessary and reasonable 358
expenses, including attorney fees, investigative fees, court 359
costs, communication expenses, witness fees and expenses, and 360
travel expenses. The court m ay not assess fees, costs, or 361
expenses of any kind against this state or a governmental 362
subdivision, agency, or instrumentality of this state unless 363
authorized by law other than this part. 364
Section 16. Section 744.88, Florida Statutes, is created 365
to read: 366
744.88 Notice of proceeding. —If a petition for the 367
appointment of a guardian is brought in this state and this 368
state was not the respondent's home state on the date that the 369
petition was filed, the petitioner must provide notice of the 370
petition to those persons who would be entitled to notice of the 371
petition in this state and in the respondent's home state. 372
Section 17. Section 744.89, Florida Statutes, is created 373
to read: 374
744.89 Proceedings in more than one state. —Except for a 375
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petition for the appointment of a guardian in an emergency, if a 376
petition for the appointment of a guardian is filed in this 377
state and in another state and neither petition has been 378
dismissed or withdrawn, the following rules apply: 379
(1) If the court of this state has ju risdiction under this 380
chapter, it may proceed with the case unless a court of another 381
state acquires jurisdiction before the appointment of the 382
guardian or issuance of the order. 383
(2) If the court of this state does not have jurisdiction 384
under this chapter after a hearing and judicial determination of 385
same, whether at the time the petition is filed or at any time 386
before the appointment of a guardian or issuance of an order, 387
the court must stay the proceeding and communicate with the 388
court of the other stat e. If the court of the other state has 389
jurisdiction after a hearing and judicial determination of same, 390
the court of this state must dismiss the petition unless the 391
court of the other state determines that the court of this state 392
is a more appropriate foru m. 393
Section 18. Section 744.90, Florida Statutes, is created 394
to read: 395
744.90 Transfer of guardianship to another state. — 396
(1) A guardian appointed in this state may petition the 397
court to transfer the guardianship to another state. 398
(2) Notice of a petition under subsection (1) must be 399
given to all parties who would be entitled to notice of a 400
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petition in this state for the appointment of a guardian or a 401
petition for a change of residence of the ward. 402
(3) On the court's own motion or upon request of the 403
guardian, the incapacitated person, or both, the court shall 404
hold a hearing on a petition filed under subsection (1). 405
(4) The court may issue an order provisionally granting a 406
petition to transfer a guardianship and shall direct the 407
guardian to petition for guardianship in the other state if the 408
court is satisfied that the guardianship will likely be accepted 409
by the court of the other state and the court finds that: 410
(a) The incapacitated person is physically present in or 411
is reasonably expected to m ove permanently to the other state; 412
(b) An objection to the transfer has not been made or, if 413
an objection has been made, the objector has not established 414
that the transfer would be contrary to the best interests of the 415
incapacitated person; and 416
(c) Plans for care and services for the incapacitated 417
person in the other state are reasonable and sufficient. 418
(5) The court shall issue a final order confirming the 419
transfer and terminating the guardianship upon its receipt of: 420
(a) A provisional order accep ting the proceeding from the 421
court to which the proceeding is to be transferred and issued 422
under provisions similar to s. 744.89; and 423
(b) The documents required, including any required 424
accountings, to terminate a guardianship in this state. 425
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(6) The guardian of the ward in this state shall file a 426
petition for discharge in accordance with part VII of this 427
chapter within 60 days after receipt of an order confirming the 428
transfer of the guardianship to another jurisdiction. 429
Section 19. Section 744.91, Florida Statutes, is created 430
to read: 431
744.91 Accepting guardianship transferred from another 432
state.— 433
(1) Within 60 days after the residence of a ward of a 434
foreign guardian is moved to this state, the foreign guardian 435
appointed in another state shall f ile a petition to determine 436
incapacity and a petition to appoint a guardian with the clerk 437
of court in the county in which the ward resides. The petitions 438
must include a certified copy of the other state's provisional 439
order of transfer, in addition to a ce rtified copy of the 440
guardian's letters of guardianship or the equivalent. 441
(2) Notice of the petitions under subsection (1) must be 442
given to those persons who would be entitled to notice in this 443
state in the same manner as notice is required to be given i n 444
this state and the respondent's home state. 445
(3) The court shall hold a hearing on the petitions filed 446
pursuant to the procedures set forth in this chapter. 447
(4) The court shall issue orders provisionally granting 448
the petitions unless: 449
(a) An objection is made and the objector establishes that 450
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transfer of the proceeding would be contrary to the best 451
interests of the ward; or 452
(b) The guardian is ineligible for appointment in this 453
state. 454
(5) Until such time as a guardian is appointed in this 455
state for the ward or the ward is determined to not require a 456
guardian in this state, the foreign guardian's authority is 457
recognized and given full faith and credit in the courts of this 458
state, provided that the guardian is qualified to serve as the 459
guardian of the ward in this state. A foreign guardian who fails 460
to comply with the requirements of this section has no authority 461
to act on behalf of the ward in this state. 462
(6) After appointment of a guardian in this state, the 463
court may issue such orders as necessa ry to complete the 464
transfer of the foreign guardianship to this state or the 465
termination of the foreign guardianship, as may be required. 466
(7) The authority of the guardian of a nonresident ward 467
shall be recognized and given full faith and credit in the 468
courts of this state. A guardian appointed in another state or 469
country may maintain or defend any action in this state as a 470
representative of the ward unless a guardian has been appointed 471
in this state. 472
Section 20. Section 744.92, Florida Statutes, is created 473
to read: 474
744.92 Registration of guardianship orders. —If a guardian 475
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has been appointed in another state and a petition for the 476
appointment of a guardianship is not pending in this state, the 477
guardian appointed in the other state, after giving noti ce of 478
the appointing to the appointing court of the intent to 479
register, may register the guardianship order in this state by 480
filing it as a foreign judgment in a court of this state 481
pursuant to ss. 744.307 and 744.308. 482
Section 21. Section 744.93, Flori da Statutes, is created 483
to read: 484
744.93 Effect of registration. —Upon registration of a 485
guardianship order from another state, the guardian or 486
conservator may exercise in this state all powers authorized in 487
the order of appointment except as prohibited un der the laws of 488
this state and, if the guardian is not a resident of this state, 489
subject to any conditions imposed upon nonresident parties. 490
Section 22. Section 744.94, Florida Statutes, is created 491
to read: 492
744.94 Uniformity of application and constr uction.—In 493
applying and construing this part, consideration must be given 494
to the need to promote uniformity of the law with respect to its 495
subject matter among states that enact it. 496
Section 23. Section 744.95, Florida Statutes, is created 497
to read: 498
744.95 Relation to federal Electronic Signatures in Global 499
and National Commerce Act. —This part modifies, limits, and 500
HB 845 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0845-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
supersedes the federal Electronic Signatures in Global and 501
National Commerce Act, 15 U.S.C. s. 7001, et seq., but does not 502
modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 503
7001(c), or authorize electronic delivery of any of the notices 504
described in s. 103(b) of that act, 15 U.S.C. s. 7003(b). 505
Section 24. Section 744.96, Florida Statutes, is created 506
to read: 507
744.96 Application.—This part applies to guardianship and 508
similar proceedings filed on or after July 1, 2022. 509
Section 25. This act shall take effect July 1, 2022. 510