This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1349e.HHS
DATE: 2/26/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1349 Guardianship Data Transparency
SPONSOR(S): Appropriations Committee, Children, Families & Seniors Subcommittee, Chaney and others
TIED BILLS: CS/HB 1351 IDEN./SIM. BILLS: CS/SB 1710
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee 15 Y, 0 N, As CS Morris Brazzell
2) Civil Justice & Property Rights Subcommittee 17 Y, 0 N Brascomb Jones
3) Appropriations Committee 25 Y, 0 N, As CS Nobles Pridgeon
4) Health & Human Services Committee Morris Calamas
SUMMARY ANALYSIS
When an individual is unable to make legal decisions regarding his or her person or property, a court may
appoint a guardian to act on his or her behalf. A person served by a guardian is a ward, and a guardian may
oversee a ward’s person or property or both. When a person becomes a ward, that person loses those civil
and legal rights transferred to the guardian. When a guardian is given full (plenary) guardianship, the guardian
has authority to make all decisions for a ward, such as deciding where the ward lives and whether to sell the
ward’s property.
Florida’s guardianship system, governed by ch. 744, F.S., involves a variety of parties, including alleged
incompetent persons and wards; guardians; circuit judges who appoint guardians and oversee their service to
individual wards; the clerks of court, who receive filings by guardians and audit them; attorneys, who represent
guardians and alleged incompetent persons; family members of wards; and the Department of Elder Affairs
(DOEA), which regulates professional guardians.
Various task forces, and situations where guardians have made unethical decisions concerning wards, have
highlighted the lack of data within Florida’s guardianship system. A recently-formed task force found that basic
information about guardianships, such as the number of wards in the state, is unavailable.
The bill requires the Florida of Clerks of Court Operations Corporation and the Clerks of Court to establish a
database of guardianship information. It also requires the DOEA to publish professional guardian registration
profiles. Both the database and the profiles must be searchable by the public for certain information specified
in the bill.
The bill provides an appropriation of $2,400,000 from the General Revenue Fund to the Justice Administrative
Commission for distribution to the Florida Clerks of Court Operations Corporation and $340,000 from the
General Revenue Fund to the DOEA for the purpose of implementing the provisions of the act.
The bill has an effective date of July 1, 2022.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Guardianship
When an individual is unable to make legal decisions regarding his or her person or property, a court
may appoint a guardian to act on his or her behalf.
1
Adjudicating a person totally incapacitated and in
need of a guardian deprives a person of his or her civil and legal rights;
2
accordingly, the Legislature
has recognized that the least restrictive form of guardianship should be used to ensure the most
appropriate level of care and the protection of such person’s rights.
3
The process to determine an individual’s incapacity and the subsequent appointment of a guardian
begins with a verified petition detailing the factual information supporting the reasons the petitioner
believes the individual to be incapacitated, including the rights the alleged incapacitated person (AIP) is
incapable of exercising.
4
Once a person has been adjudicated incapacitated, such a person becomes a
“ward,” the court appoints a guardian, and letters of guardianship are issued.
5
The order appointing a
guardian must be consistent with the ward’s welfare and safety, must be the least restrictive
appropriate alternative, and must reserve to the ward the right to make decisions in all matters
commensurate with his or her ability to do so.
6
Relationship Between Guardian and Ward
The relationship between a guardian and his or her ward is a fiduciary relationship,
7
meaning that the
guardian is under a duty to act for or to give advice for the benefit of the ward upon matters within the
scope of the relationship.
8
The guardian, as fiduciary, must:
9
Act within the scope of the authority granted by the court and as provided by law;
Act in good faith;
Not act in a manner contrary to the ward's best interests under the circumstances; and
Use any special skills or expertise the guardian possesses when acting on behalf of the ward.
Additionally, s. 744.446, F.S., states that the fiduciary relationship between the guardian and the ward
may not be used for the private gain of the guardian (other than the remuneration for fees and
expenses provided by law). As such, the guardian must act in the best interest of the ward and carry
out his or her responsibilities in an informed and considered manner. If a guardian breaches his or her
fiduciary duty to the ward, a court may intervene.
10
A guardian can either be “limited” or “plenary.”
11
A limited guardian is appointed by the court to exercise
the legal rights and powers specifically designated by the court after the court has found that the ward
lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person or
property, or after the person has voluntarily petitioned for appointment of a limited guardian.
12
A plenary
1
S. 744.102(9), F.S.
2
S. 744.101(1), F.S.
3
S. 744.101(2), F.S
4
S. 744.3201, F.S.
5
Ss. 744.3371-744.345, F.S.
6
S. 744.2005, F.S.
7
Lawrence v. Norris, 563 So. 2d 195, 197 (Fla. 1st DCA 1990); s. 744.361(1), F.S.
8
Doe v. Evans, 814 So. 2d 370, 374 (Fla. 2002).
9
S. 744.361(1), F.S.
10
S. 744.446(4), F.S.
11
S. 744.102(9), F.S.
12
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DATE: 2/26/2022
guardian is appointed by the court to exercise all delegable legal rights and powers of the ward after
the court has found that the ward lacks the capacity to perform all of the tasks necessary to care for his
or her person or property.
13
Powers and Duties of the Guardian
The guardian of an incapacitated person may exercise only those rights removed from the ward and
delegated to the guardian.
14
The guardian has a great deal of power when it comes to managing the
ward’s estate. Some of these powers require court approval before they may be exercised.
Examples of Powers That May Be Exercised By a Guardian
With Court Approval
15
Without Court Approval
16
Enter into contracts that are appropriate for, and in
the best interest of, the ward.
Perform, compromise, or refuse performance of a
ward’s existing contracts.
Alter the ward’s property ownership interests,
including selling, mortgaging, or leasing any real
property (including the homestead), personal
property, or any interest therein.
Borrow money to be repaid from the property of the
ward or the ward’s estate.
Renegotiate, extend, renew, or modify the terms of
any obligation owing to the ward.
Prosecute or defend claims or proceedings in any
jurisdiction for the protection of the estate.
Exercise an option contained in an insurance policy
payable to the ward.
Make gifts of the ward’s property to members of the
ward’s family in estate and income tax planning.
Pay reasonable funeral, interment, and grave marker
expenses for the ward.
Retain assets owned by the ward.
Receive assets from fiduciaries or other sources.
Insure the assets of the estate against damage, loss, and
liability.
Pay taxes and assessments on the ward’s property.
Pay reasonable living expenses for the ward, taking into
consideration the ward’s current finances.
Pay incidental expenses in the administration of the estate.
Prudently invest liquid assets belonging to the ward.
Sell or exercise stock subscription or conversion rights.
Consent to the reorganization, consolidation, merger,
dissolution, or liquidation of a corporation or other business
enterprise of the ward.
Employ, pay, or reimburse persons, including attorneys,
auditors, investment advisers, care managers, or agents,
even if they are associated with the guardian, to advise or
assist the guardian in the performance of his or her duties.
Florida law also imposes a number of duties on a guardian after the appointment to a ward in order to
provide appropriate services to that ward. The guardian must:
17
File an initial report within 60 days after the letters of guardianship are signed;
18
File an annual report with the court consisting of an annual accounting and/or an annual
guardianship plan;
Implement the guardianship plan;
Consult with other guardians appointed, if any;
Protect and preserve the property of the ward; invest it prudently, apply income first to the ward
before the ward’s dependents, and account for it faithfully;
Observe the standards in dealing with the guardianship property that would be observed by a
prudent person dealing with the property of another; and
If authorized by the court, take possession of all of the ward’s property and of the rents, income,
issues, and profits from it, whether accruing before or after the guardian’s appointment, and of
the proceeds arising from the sale, lease, or mortgage of the property or of any part thereof.
Guardian Compensation
13
Id.
14
S. 744.361(1), F.S.
15
S. 744.441, F.S.
16
Id.
17
S. 344.361. F.S.
18
S. 744.362(1), F.S. STORAGE NAME: h1349e.HHS PAGE: 4
DATE: 2/26/2022
The guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s
behalf,
19
is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on
behalf of the assets of the guardianship estate unless the court finds the requested compensation to be
substantially unreasonable.
20
Before the fees may be paid, a petition for fees or expenses must be filed
with the court and accompanied by an itemized description of the services performed for the fees and
expenses sought to be recovered.
21
Appointment of a Guardian
In Florida, the circuit court appoints a guardian to a ward. The following may be appointed guardian of a
ward:
22
Any resident of Florida who is 18 years of age or older and has full legal rights and capacity;
A nonresident, if he or she is related to the ward by blood, marriage, or adoption;
A trust company, a state banking corporation, or state savings association authorized and
qualified to exercise fiduciary powers in this state, or a national banking association or federal
savings and loan association authorized and qualified to exercise fiduciary powers in Florida;
A nonprofit corporation organized for religious or charitable purposes and existing under the
laws of Florida;
A judge who is related to the ward by blood, marriage, or adoption, or has a close relationship
with the ward or the ward’s family, and serves without compensation;
A provider of health care services to the ward, whether direct or indirect, when the court
specifically finds that there is no conflict of interest with the ward’s best interests; or
A for-profit corporation that meets certain qualifications, including being wholly owned by the
person who is the circuit's public guardian in the circuit where the corporate guardian is
appointed.
Appointment of a Professional Guardian
A professional guardian is a guardian who has, at any time, rendered services to three or more wards
as their guardian; however, a person serving as a guardian for two or more relatives is not considered a
professional guardian. A public guardian is considered a professional guardian for purposes of
regulation, education, and registration.
23
In each case when a court appoints a professional guardian and does not use a rotation system for
such appointment, the court must make specific findings of fact stating why the person was selected as
guardian in the particular matter involved.
24
The court must consider, and the findings must reference,
the following factors:
25
Whether the guardian is related by blood or marriage to the ward;
Whether the guardian has educational, professional, or business experience relevant to the
nature of the services sought to be provided;
Whether the guardian has the capacity to manage the financial resources involved;
Whether the guardian has the ability to meet the requirements of the law and the unique needs
of the individual case;
The wishes expressed by an incapacitated person as to who shall be appointed guardian;
The preference of a minor who is age 14 or over as to who should be appointed guardian;
Any person designated as guardian in any will in which the ward is a beneficiary; and
19
Fees for legal services may include customary and reasonable charges for work performed by legal assistants employed by and
working under the direction of the attorney. S. 744.108(4), F.S.
20
S. 744.108(1), (8), F.S.
21
S. 744.108(5), (7), F.S.
22
S. 744.309, F.S.
23
S. 744.102(17), F.S
24
S. 744.312(4)(a), F.S.
25
S. 744.312(2)-(3), F.S. STORAGE NAME: h1349e.HHS PAGE: 5
DATE: 2/26/2022
The wishes of the ward’s next of kin, when the ward cannot express a preference.
Additionally, current law prohibits the court from giving preference to the appointment of a person
based solely on the fact that such person was appointed by the court to serve as an emergency
temporary guardian.
26
When a professional guardian is appointed as an emergency temporary
guardian, that professional guardian may not be appointed as the permanent guardian of a ward unless
one of the next of kin of the alleged incapacitated person or the ward requests that the professional
guardian be appointed as permanent guardian.
27
However, the court may waive this limitation if the
special requirements of the guardianship demand that the court appoint a guardian because he or she
has special talent or specific prior experience.
28
The court may not appoint a professional guardian who is not registered by the Office of Public and
Professional Guardians.
29
The following are disqualified from being appointed as a guardian:
30
A person convicted of a felony;
A person who is incapable of discharging the duties of a guardian due to incapacity or illness, or
who is otherwise unsuitable to perform the duties of a guardian;
A person who has been judicially determined to have committed abuse, abandonment, or
neglect against a child;
A person who has been found guilty of, regardless of adjudication, or entered a plea of nolo
contendere or guilty to, any offense prohibited under s. 435.04, F.S.;
A person who provides substantial services to the proposed ward in a professional or business
capacity, or a creditor of the proposed ward, if such guardian retains that previous professional
or business relationship (with exceptions); or
A person who is in the employ of any person, agency, government, or corporation that provides
service to the proposed ward in a professional or business capacity, unless that person is the
spouse, adult child, parent, or sibling of the proposed ward or the court determines that the
potential conflict of interest is insubstantial and that the appointment would clearly be in the
proposed ward’s best interest.
A court may not appoint a guardian in any other circumstance in which a conflict of interest may
occur.
31
Office of Public and Professional Guardians
While the court appoints guardians to wards, the Department of Elder Affairs (DOEA) regulates
professional guardians to ensure that they receive required training and comply with standards of
practice.
In 1999, the Legislature created the “Public Guardianship Act” and established the Statewide Public
Guardianship Office (SPGO) within DOEA.
32
In 2016, the Legislature renamed the Statewide Public
Guardianship Office within the DOEA as the Office of Public and Professional Guardians (OPPG) and
required OPPG to regulate professional guardians. The OPPG appoints local public guardian offices to
provide guardianship services to people who have neither adequate income nor assets to afford a
private guardian, nor any willing family or friend to serve as such.
There are 17 public guardian offices that serve all 67 Florida counties.
33
In Fiscal Year 2018-2019, the
public guardian offices served 3,816 wards.
34
Currently, there are more than 550 professional
26
S. 744.312(5), F.S.
27
S. 744.312(4)(b), F.S.
28
Id.
29
S. 744.2003(9), F.S.
30
S. 744.309(3), F.S.
31
Id.
32
S. 744.701, F.S. (1999).
33
Florida Department of Elder Affairs, 2020 Summary of Programs and Services, https://elderaffairs.org/wp-
content/uploads/2020_SOPS_C.pdf (last visited Jan. 21, 2022).
34
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DATE: 2/26/2022
guardians registered with the Office of Public and Professional Guardians within the Department of
Elder Affairs.
35
The executive director of the OPPG is responsible for the oversight of all public and professional
guardians. In addition to other oversight responsibilities for professional guardians, the executive
director must review and approve professional guardian annual registration, which must include:
36
Sufficient information to identify the professional guardian which includes:
o For a professional guardian who is a natural person: the name, address, date of birth,
and employer identification or social security number
37
of the person; and
o For a professional guardian which is a partnership or association: the name, address,
and employer identification number of the entity.
Documentation proving bonding and education requirements have been met; and
Information distinguishing the type of guardianship services provided (public guardian,
individually, through partnership, corporation, or other business entity).
Similarly, the executive director of the OPPG is required to oversee the functions of public guardians.
38
OPPG currently publishes a list of registered professional guardians on its website, which includes the
guardian’s name, counties of practice, bond information, corporation name, and registration expiration
date.
39
However, this does not include disciplinary information, the number of wards overseen by a
guardian, or information regarding compliance with statutory reporting requirements and professional
qualifications.
Guardian Investigations and Discipline
In July 2019, Steven Stryker, a ward appointed to professional guardian Rebecca Fierle,
40
died in a
Tampa hospital after choking on food.
41
Hospital staff could not perform lifesaving procedures on him
due to a Do Not Resuscitate Order (DNRO) executed by Fierle.
42
It was also reported that Fierle had billed AdventHealth, an Orlando area hospital, approximately $4
million for services rendered to wards
43
and developed conflicts of interest with members of appointed
examining committees used to determine incapacity of a person.
44
The Clerk of the Circuit Court and Comptroller of Okaloosa County (Clerk)
45
investigated complaints
filed against Fierle with the OPPG. The Clerk found Fierle had executed a DNRO against Stryker’s
wishes, violating the standards of practice established by the OPPG.
46
The Clerk reported that Fierle
kept a DNRO in place after a psychiatrist examined Stryker while he was admitted to St. Joseph’s
35
Office of Public and Professional Guardians, Department of Elder Affairs, https://elderaffairs.org/programs-services/office-of-public-
professional-guardians-oppg/ (last visited Jan. 28, 2022).
36
S. 744.2002(3), F.S.
37
Social Security numbers are confidential and exempt under s. 119.07, F.S.
38
S. 744.2001(4), F.S.
39
Office of Public and professional Guardians, Registered Professional Guardians,
https://fmw.state.fl.us:8890/apps/doeaapex/f?p=2115:1:0::::: (last visited Feb. 24, 2022).
40
The Orlando Sentinel, Florida’s Troubled Guardian Program, https://www.orlandosentinel.com/news/florida/guardians/ (last visited
Jan. 28, 2022).
41
Adrianna Iwasinski, Orange commissioners approve new position to help monitor guardianship cases, Click Orlando (Oct. 22, 2019),
https://www.clickorlando.com/news/2019/10/23/orange-commissioners-approve-new-position-to-help-monitor-guardianship-cases/ (last
visited Jan. 28, 2022).
42
Id.
43
New audit shows AdventHealth paid embattled guardian Rebecca Fierle nearly $4 million, ABC Action News WFTS,
https://www.abcactionnews.com/news/local-news/i-team-investigates/new-audit-shows-adventhealth-paid-embattled-guardian-rebecca-
fierle-nearly-4-million (last visited Jan. 28, 2022).
44
Monivette Cordeiro, Florida’s troubled guardianship system riddled with conflicts of interest, critics claim | Special Report, Orlando
Sentinel (Aug. 14, 2019), https://www.orlandosentinel.com/news/florida/guardians/os-ne-guardianship-examining-committee-conflicts-
20190814-osbekpwlnfezneolyxttvzmrhy-story.html (last visited Jan. 28, 2022).
45
J.D. Peacock II, Clerk of the Circuit Court and Comptroller Okaloosa County, Florida, OPPG Investigation Case Number 19-064 (July
9, 2019).
46
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DATE: 2/26/2022
Hospital and determined Stryker had the ability to decide that he wanted to live and stated that Stryker
wanted to be resuscitated.
The Orange County Comptroller also investigated Fierle’s guardianships.
47
The Comptroller found
Fierle had submitted over 6,000 invoices and charges of at least $3.9M to AdventHealth for payments
between January 2009 and June 2019.
48
The payments were made on behalf of 682 patients. The
Comptroller also found that in some cases Fierle had billed both AdventHealth and the wards for
identical fees and services. Additionally, the Comptroller identified conflicts of interest, including several
situations in which Fierle had previous relationships with wards to whom she was appointed guardian
and did not disclose these relationships in the petitions for appointment of a guardian.
An Orange County judge removed Fierle from nearly 100 cases to which she had been appointed. In a
letter to the OPPG, Fierle resigned from all appointed guardianship cases (approximately 450 in 13
counties) in July, 2019.
49
A judge was reported, during a hearing on Fierle, to have stated that she had
been unaware of the total number of wards being served by Fierle.
50
OPPG Investigations
OPPG receives and investigates complaints against professional guardians.
51
Since 2016, OPPG has
contracted with the Florida Court Clerks and Comptrollers Statewide Investigation Alliance for
investigations of legally sufficient
52
complaints about professional guardian conduct.
53
Investigations
which find substantiated allegations of violations by professional guardians may be referred to law
enforcement, the Office of the Attorney General, the Office of the State Attorney, or the Florida Bar, as
appropriate.
54
When investigating complaints, OPPG must:
55
Initiate an investigation no later than 10 business days after OPPG receives a complaint;
Complete and provide initial investigative findings and recommendations, if any, to the
professional guardian and person filing the complaint within 60 days;
Obtain supporting information, including interviewing the ward, family member, or interested
party, or documentation to determine the legal sufficiency of a complaint;
Dismiss any complaint that is not legally sufficient; and
Coordinate with the clerks of the court to avoid duplication of duties.
OPPG Disciplinary Action
Disciplinary action may be taken against a professional guardian for:
56
Making a misleading, deceptive, or fraudulent representation in or related to the practice of
guardianship;
Violating any rule governing guardians or guardianship adopted by OPPG;
Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to a crime
which relates to the practice of, or ability to practice as, a professional guardian;
47
Orange County Comptroller, Report No. 479 – Investigation of Payments Made to Professional Guardian – Rebecca Fierle by
AdventHealth.
48
Id.
49
Greg Angel, Embattled Guardian Resigns From Cases Statewide; Criminal Investigation Continues, Spectrum News 13 (July 29,
2019), https://www.mynews13.com/fl/orlando/crime/2019/07/29/embattled-guardian-resigns-from-cases-statewide (last visited Jan. 28,
2022).
50
Greg Angel, Watchdog: Judge Dismisses Embattled Guardian’s Appeal to Reverse Court Order, Spectrum News 13 (Nov. 19, 2019)
https://www.mynews13.com/fl/orlando/news/2019/11/19/watchdog-fierle-appeal-to-reverse-court-order-dismissed (last visited Jan. 28,
2022).
51
S. 744.2004, F.S.
52
A complaint is legally sufficient if it contains ultimate facts that show a violation of a standard of practice by a professional guardian
has occurred.
53
Florida Clerks and Comptrollers Statewide Investigation Alliance, About Florida’s Guardianship Partnership, https://flclerksia.com/
(last visited Feb. 25, 2022).
54
Id.
55
Supra, note 51.
56
S. 744.20041, F.S. STORAGE NAME: h1349e.HHS PAGE: 8
DATE: 2/26/2022
Failing to comply with the educational course requirements for professional guardians;
Having a registration, license, or authority to practice a regulated profession revoked;
Knowingly filing a false report or complaint with OPPG against another guardian;
Attempting to obtain, obtaining, or renewing a registration or license to practice a profession by
bribery, fraud, or a known error;
Failing to report a violation of ch. 744, F.S. or the rules of OPPG to OPPG;
Failing to perform a legal or statutory obligation;
Making or filing a false report that is signed in the person’s capacity as professional guardian;
Using the position of guardian for financial gain;
Violating or failing to comply with an order from OPPG;
Improperly interfering with an investigation;
Using the guardianship relationship to engage or attempt to engage in sexual activity;
Failing to report to OPPG within 30 days being convicted or found guilty of, or enter a plea of
guilty or nolo contendere to a crime;
Being unable to perform the functions of guardian;
Failing to post and maintain a blanket fiduciary bond;
Failing to maintain all records relating to a guardianship for specified time; or
Violating any provision of ch. 744, F.S., or any rules adopted thereunder.
When OPPG finds that a professional guardian is guilty of any of the grounds for discipline, it may take
action against that guardian by entering an order imposing one or more penalties on the professional
guardian. When determining what action is appropriate against a professional guardian, prior to
consideration of any mitigation or rehabilitation for the professional guardian, OPPG must first consider
what sanctions are necessary to safeguard the wards and protect the public. The disciplinary guidelines
should specify a meaningful range of penalties based on the severity and repetition of offenses and that
minor violations should be treated differently than those which endanger the ward or the public. OPPG
may impose any combination of the following sanctions:
57
Refuse to register an applicant as a professional guardian;
Suspend or revoke of a professional guardian’s registration;
Issue of a reprimand;
Require treatment, completion of continuing education courses, or reexamination;
Require restitution; or
Require remedial education.
If the final determination from a disciplinary proceeding is to suspend or revoke the guardian’s
registration, the determination must be provided to any court that oversees any guardianship to which
the professional guardian is appointed.
58
OPPG is required to report any suspected abuse, neglect or exploitation of a vulnerable adult as a
result of a complaint, or investigation of a complaint, to the Department of Children and Families’
central abuse hotline.
59
Guardianship Data in Florida
Several task forces have highlighted the challenge of serving wards without available data, regionally
and statewide.
For instance, the 2014 Restoration of Capacity Study and Work Group Report stated:
60
“There is little uniform data collected on guardianships in Florida. The Office of
57
Id.
58
Id.
59
S. 744.2004(5), F.S.
60
Florida Developmental Disabilities Council, Restoration of Capacity Study and Work Group Report, Feb. 28, 2014,
https://www.flcourts.org/content/download/404570/file/Restoration-of-Capacity-Study-and-Work-Group-Report-2014.pdf. STORAGE NAME: h1349e.HHS PAGE: 9
DATE: 2/26/2022
the State Courts Administrator reports at the state level only the number
of guardianships filed in a given year and the dispositions of those cases. The
state does not keep a record of the total number of persons under guardianship,
whether the guardianship is plenary or partial, the nature of the disability of the
person under guardianship, or a host of other data crucial to making informed
decisions about systems change. Additionally, there is neither central reporting of
the number of Suggestions of Capacity filed nor restoration outcomes in
general.”
A 2022 report by a task force convened by the Florida Court Clerks and Comptrollers Association
including stakeholders representing a variety of perspectives, including wards, guardians, attorneys,
legislators, courts, and clerks of courts, recommended the creation of a statewide data collection
system for all guardianship cases. The task force found that Florida has little state-wide formalized
guardianship case data collection or sharing processes in place, and that much of the needed
information exists in the 67 separate Florida county clerks of courts’ case maintenance systems.
61
According to the task force report, the purpose for creating a statewide data collection system for all
guardianship cases would be to provide meaningful and objective data for improvements to the
guardianship system, while increasing the public trust with the transparency of non-confidential
information. The task force report also recommended that judicial circuits collect and report a variety of
data, such as the existence of advance directives, powers of attorney, health care surrogate
designations, and other similar legal documents; and guardianship case information and changes.
62
Current law does not authorize or require a statewide database containing information relating to
guardianships.
Florida Clerks of Courts Corporation
In 2003, the Legislature created the Florida Clerks of Court Operations Corporation (CCOC).
63
All
clerks of the circuit court are members of the CCOC, and the CCOC's duties are performed by an
executive council composed of eight clerks and three ex officio members designated by the President
of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme
Court.
64
The CCOC's tasks include:
65
Recommending changes in the amounts of various court-related fines, fees, service charges,
and costs established by law to ensure that clerks have reasonable and adequate funding to
perform their court-related functions;
Developing and certifying a uniform system of workload measures and workload standards for
court-related functions;
Contracting with the Department of Financial Services (DFS) for audit of the court-related
expenditures of individual clerks; and
Approving the clerks' proposed budgets.
Current law does not require the CCOC to develop and maintain a guardianship database.
Effect of the Bill
Guardianship Data in Florida
The bill requires the Florida of Clerks of Court Operations Corporation and the Clerks of Court to
establish a statewide database of guardianship information. The database must be interoperable with
61
Florida Clerks of Court and Comptrollers, Guardianship Improvement Task Force Final Report, Jan. 2022
https://guardianshiptf.wpengine.com/wp-content/uploads/2022/01/GITFReport-Jan2022.pdf.
62
Id.
63
Ch. 2003-402, Laws of Fla.
64
S. 28.35, F.S.
65
S. 28.35(2), F.S. STORAGE NAME: h1349e.HHS PAGE: 10
DATE: 2/26/2022
the data systems of each circuit court, enabling each circuit court to easily access the data for regular
use in judicial proceedings.
The bill specifies minimum requirements for the database, including:
Professional guardian registration and disciplinary data provided by the OPPG;
Information on the status of guardian compliance with the statutory qualifications for
guardianship; and
The status of statutorily-required reports and submissions.
The database must be searchable by, at a minimum, the following categories:
Petitioner;
Ward;
Ward demographic information;
Guardian and guardian location;
Counsel;
Other parties to each case;
Judge; and
Circuit.
Additionally, the database must allow users to generate statewide and circuit-level statistical data that
the courts and the Department of Elder Affairs may need. The bill requires the OPPG to share
professional guardian registration and disciplinary data for use in the database. The OPPG must also
publish on its website professional guardian registration profiles that are searchable by the public and
that include, at a minimum:
Information submitted as part of a professional guardian’s annual registration under s.
744.2002, F.S.;
Whether any complaints against the professional guardian have been substantiated; and
Any disciplinary actions taken by the department.
The bill provides an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1: Creates s. 744.2112, F.S., relating to guardianship data collection and transparency.
Section 2: Provides an appropriation to the Justice Administrative Commission.
Section 3: Provides an appropriation to the Department of Elder Affairs.
Section 4: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill provides an appropriation of $2,400,000 to the Clerks of Court to establish a new statewide
database of guardianship information.
The bill provides an appropriation of $300,000 in nonrecurring funds and $40,000 in recurring funds
to DOEA for establishing connections with the new database and for technology allowing searches
of guardian profiles. STORAGE NAME: h1349e.HHS PAGE: 11
DATE: 2/26/2022
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
STORAGE NAME: h1349e.HHS PAGE: 12
DATE: 2/26/2022
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 25, 2022, the Children, Families, and Senior Subcommittee adopted a proposed committee
substitute (PCS) and reported the bill favorably as a committee substitute. The PCS differed from the
underlying bill in various ways, including that it:
Changed the entity responsible for the guardianship database from the Department of Elder Affairs
to the clerks of court and the Florida Association of Court Clerks and Comptrollers.
Eliminated language amending chapter 744, F.S.
On February 22, 2022, the Appropriations Committee adopted one amendment and reported the bill
favorably. The amendment provides:
The Florida of Clerks of Court Operations Corporation and the Clerks of Court, instead of the
Florida Association of Court Clerks and Comptrollers, Inc., shall establish a statewide database of
guardianship information.
An appropriation of $2,400,000 from the General Revenue Fund to the Justice Administrative
Commission for distribution to the Florida Clerks of Court Operations Corporation for the purpose of
implementing the provisions of the act, and
An appropriation of $340,000 from the General Revenue Fund to the Department of Elder Affairs for
the purpose of implementing the provisions of the act.
This analysis is drafted to the committee substitute as passed by the Appropriations Committee.