Florida 2022 2022 Regular Session

Florida House Bill H1349 Comm Sub / Bill

Filed 01/26/2022

                       
 
CS/HB 1349  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1349-01-c1 
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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 guardianship data transparency; 2 
creating s. 744.2112, F.S.; requiring the Florida 3 
Association of Court Clerks and Comptrollers, Inc., 4 
and the clerks of court to establish a statewide 5 
database of guardianship data; requiring the database 6 
to be interoperable and easily accessible for each 7 
circuit court; requiring the database to contain 8 
certain information; requiring the Office of Public 9 
and Professional Guardians to provide certain data for 10 
use in the database; requiring the database to be 11 
searchable in specified ways; requiring the database 12 
to be able to generate certain statistical data; 13 
requiring the Office of Public and Professional 14 
Guardians to publish online profiles of registered 15 
professional guardians; requiring the online profiles 16 
to contain certain information; providing an effective 17 
date. 18 
 19 
Be It Enacted by the Legislature of the State of Florida: 20 
 21 
 Section 1.  Section 744.2112, Flo rida Statutes, is created 22 
to read: 23 
 744.2112  Guardianship data collection and transparency. — 24 
 (1)  The Florida Association of Court Clerks and 25     
 
CS/HB 1349  	2022 
 
 
 
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Comptrollers, Inc., and the clerks of court shall establish a 26 
statewide database of guardianship information to facilitate 27 
improving court oversight of guardianship cases. The database 28 
must be interoperable with the data systems of each circuit 29 
court and have the ability for each circuit court to easily 30 
access the data for regular use in judicial proceedings. The 31 
database must include, at a minimum, all of the following: 32 
 (a)  The registration and disciplinary data of each 33 
professional guardian provided by the Office of Public and 34 
Professional Guardians. 35 
 (b)  Information regarding the status of each guardian's 36 
compliance with the statutory qualifications for guardianship. 37 
 (c)  The status of statutorily required reports and 38 
submissions. 39 
 (2)  The database must be searchable by, at a minimum, the 40 
name of the petitioner, ward, guardian, legal counsel, and other 41 
parties to a case; the demographic information of the ward; the 42 
guardian's location; and the name of the judge and circuit in 43 
which the case is brought. The database must have the ability to 44 
generate statewide and circuit -level statistical data to provide 45 
assistance to the courts and the Department of Elderly Affairs. 46 
The Office of Public and Professional Guardians is directed to 47 
share professional guardian registration and disciplinary data 48 
for the purposes of this section. 49 
 (3)  The Office of Public and Professi onal Guardians shall 50     
 
CS/HB 1349  	2022 
 
 
 
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publish a profile of each registered professional guardian on 51 
its website. The profiles must be accessible and searchable by 52 
the public and must include, at a minimum, the information 53 
submitted to the Office of Public and Professional Guardians 54 
under s. 744.2002, whether any complaints against the 55 
professional guardian have been substantiated, and any 56 
disciplinary actions taken by the Department of Elderly Affairs. 57 
 Section 2.  This act shall take effect July 1, 2022. 58