FL
Florida House Bill H1349

Florida 2022 Regular Session

Florida House Bill H1349 Compare Versions

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1010 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
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14- 1
14+A bill to be entitled 1
1515 An act relating to guardianship data transparency; 2
1616 creating s. 744.2112, F.S.; requiring the Florida 3
1717 Clerks of Court Operations Corporation and the clerks 4
1818 of court to establish a statewide database of 5
1919 guardianship data; providing requirements for the 6
20-database; specifying restrictions on accessing the 7
21-database; specifying duties of the corporation 8
22-relating to uploading certain database information to 9
23-a certain website and generating and publishing 10
24-certain reports; providing requirements for the 11
25-website; requiring the Office of Public and 12
26-Professional Guardians to share certain data; 13
27-requiring the corporation to compile and report 14
28-certain data to the Office of Program Policy Analysis 15
29-and Government Accountability (OPPAGA) at specified 16
30-intervals; requiring certain data to be produced in a 17
31-certain format; requiring OPPAGA to analyze data and 18
32-prepare reports containing certain information; 19
33-requiring such reports to be provided to the Governor 20
34-and the Legislature at specified intervals; providing 21
35-requirements and prohibitions of such reports; 22
36-amending s. 744.2001, F.S.; requiring the office to 23
37-publish online profiles of registered professional 24
38-guardians on or before a certain date; requiring the 25
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20+database; requiring the Florida Clerks of Court 7
21+Operations Corporation to generate certain monthly 8
22+statistical data reports with certain information; 9
23+requiring the Department of Elderly Affairs to publish 10
24+such reports on its website; requiring the database to 11
25+be searchable by the public for certain information; 12
26+prohibiting certain information from being accessible 13
27+to the public in the database; requiring the Florida 14
28+Clerks of Court Operations Corporation to generate 15
29+certain reports at the request of certain enti ties; 16
30+requiring the Office Public and Professional Guardians 17
31+to share certain data; requiring the Florida Clerks of 18
32+Court Operations Corporation to compile and report 19
33+certain data to the Office of Program Policy Analysis 20
34+and Governmental Accountability sta rting on a 21
35+specified date and annually thereafter until a date 22
36+certain; requiring certain data to be produced in a 23
37+certain format; requiring the Office of Program Policy 24
38+Analysis and Governmental Accountability to analyze 25
39+
40+CS/CS/CS/HB 1349 2022
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4747 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
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51-online profiles to contain certain information; 26
52-prohibiting the Department of Elderly Affairs from 27
53-populating the profiles with certain information; 28
54-authorizing the department to adopt rules; providing 29
55-appropriations; providin g an effective date. 30
56- 31
57-Be It Enacted by the Legislature of the State of Florida: 32
58- 33
59- Section 1. Section 744.2112, Florida Statutes, is created 34
60-to read: 35
61- 744.2112 Guardianship information and transparency. — 36
62- (1) The Florida Clerks of Court Operations C orporation and 37
63-the clerks of court shall establish a statewide database of 38
64-guardian and guardianship case information to facilitate 39
65-improving court oversight of guardianship cases. The database 40
66-may not be operational for end users until on or after July 1, 41
67-2023. The database must meet interoperability standards defined 42
68-by the Florida Courts Technology Commission so that each circuit 43
69-court can easily access the information for regular use in 44
70-judicial proceedings under this chapter. The database must 45
71-include, at a minimum, the following: 46
72- (a) The registration status of each professional guardian. 47
73- (b) The substantiated disciplinary history of each 48
74-professional guardian. 49
75- (c) The status of each guardian's compliance with the 50
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51+data and prepare reports containin g certain 26
52+information; requiring such reports be provided to the 27
53+Governor and the Legislature by a date certain and 28
54+annually thereafter until a date certain; providing 29
55+requirements and prohibitions of such reports; 30
56+amending s. 744.2001, F.S.; requiring the Office of 31
57+Public and Professional Guardians to publish online 32
58+profiles of registered professional guardians; 33
59+requiring the online profiles to contain certain 34
60+information; providing appropriations; providing an 35
61+effective date. 36
62+ 37
63+Be It Enacted by the Leg islature of the State of Florida: 38
64+ 39
65+ Section 1. Section 744.2112, Florida Statutes, is created 40
66+to read: 41
67+ 744.2112 Guardianship information and transparency. — 42
68+ (1) On or after July 1, 2023, the Florida Clerks of Court 43
69+Operations Corporation and the cler ks of court shall establish a 44
70+statewide database of guardian and guardianship case information 45
71+to facilitate improving court oversight of guardianship cases. 46
72+The database must meet interoperability standards defined by the 47
73+Florida Courts Technology Commiss ion so that each circuit court 48
74+can easily access the information for regular use in judicial 49
75+proceedings under this chapter. The database must include, at a 50
76+
77+CS/CS/CS/HB 1349 2022
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8484 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
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88-statutory qualifications for guar dianship under s. 744.2003 or 51
89-s. 744.3145. 52
90- (d) The status of statutorily required reports and 53
91-submissions under chapter 744. 54
92- (2)(a) Except as provided under paragraph (3)(b), the 55
93-database shall be accessible only by members of the judiciary, 56
94-their direct staff, and court personnel and clerks of court 57
95-personnel authorized by a judge to assist with guardianship 58
96-matters. The database must restrict access to the information 59
97-necessary to perform such individual's duties, but in no way 60
98-restrict access by judg es or magistrates. 61
99- (b) The database must be searchable by, at a minimum, the 62
100-name of the petitioner, ward, guardian, and legal counsel for 63
101-all parties; the demographic information of the ward; the 64
102-location of the guardian's office; the name of the judge and the 65
103-circuit in which the case is brought; and the number of wards 66
104-served by each guardian, by ward county of residence. 67
105- (3) The Florida Clerks of Court Operations Corporation 68
106-shall: 69
107- (a) Upload certain professional guardian information from 70
108-the database to a webpage accessible to the general public in a 71
109-searchable format. Such professional guardian information must 72
110-be limited to the names of professional guardians and current 73
111-data regarding the number of wards served by each guardian, the 74
112-counties of residence of such wards and the number of wards 75
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88+minimum, the following: 51
89+ (a) The registration status of each professional guardian. 52
90+ (b) The disciplinary history of each professional 53
91+guardian. 54
92+ (c) The status of each guardian's compliance with the 55
93+statutory qualifications for guardianship under s. 744.2003 or 56
94+s. 744.3145. 57
95+ (d) The status of statutorily required reports and 58
96+submissions under ss. 7 44.362, 744.363, 744.365, 744.367, and 59
97+744.3678. 60
98+ (e) The number of wards served by each guardian, by the 61
99+ward's county of residence. 62
100+ (2)(a) Except as provided under paragraph (3)(b), the 63
101+database shall only be accessible to judges, magistrates, 64
102+judicial staff, and the clerks of court. The database must 65
103+restrict access to the information necessary to perform such 66
104+individual's duties, but in no way restrict access by judges or 67
105+magistrates. 68
106+ (b) The database must be searchable by, at a minimum, the 69
107+name of the petitioner, ward, guardian, other parties to the 70
108+case, and legal counsel for all parties; the demographic 71
109+information of the ward; the location of the guardian's office; 72
110+and the judge. 73
111+ (3)(a) The Florida Clerks of Court Operations Corporation 74
112+must generate monthly reports of statewide, circuit -level, and 75
113+
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121121 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
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125-residing in each county, and whether the wards are under limited 76
126-or plenary guardianships. Personal identifying information of 77
127-wards may not be included in the data that is searchable under 78
128-this paragraph. 79
129- (b) Generate monthly reports of statewide, circuit -level, 80
130-and county-level statistical data to provide assistance to the 81
131-courts and the Department of Elderly Affairs and to provide 82
132-transparency to the public and the Legislature regarding the 83
133-state's guardianship system. The monthly reports shall include 84
134-only aggregated and deidentified data. The Florida Clerks of 85
135-Court Operations Corporation shall publish the statistical data 86
136-reports monthly on the webpage under paragraph (a). 87
137- (c) Generate reports using information in the database at 88
138-the request of the Legislature, the judiciary, or the Department 89
139-of Elderly Affairs. 90
140- (4) The Office of Public and Professional Guardians is 91
141-directed to share professional guardian registration and 92
142-disciplinary action inform ation for the purposes of this 93
143-section. 94
144- (5)(a) Beginning July 1, 2024, and annually thereafter 95
145-through July 1, 2027, the Florida Clerks of Court Operations 96
146-Corporation must compile and report data collected by the clerks 97
147-of court and the Department of El derly Affairs and maintained in 98
148-the database to the Office of Program Policy Analysis and 99
149-Government Accountability (OPPAGA). 100
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125+county-level statistical data to provide assistance to the 76
126+courts and the Department of Elderly Affairs and to provide 77
127+transparency to the public and the Legislature regarding the 78
128+state's guardianship system. The monthly reports shall only 79
129+include aggregated and deidentified data. The Department of 80
130+Elderly Affairs must publish the statistical data reports 81
131+monthly on its website. 82
132+ (b) The database must allow the public to search by the 83
133+name of a professional guardian and view current data regarding 84
134+the number of wards served by that guardian, the counties of 85
135+residence of such wards, and whether the wards are under limited 86
136+or plenary guardianships. The database may not allow the public 87
137+to access personal identifying information of wards. 88
138+ (c) The Florida Clerks of Court Operations Corporation 89
139+must generate reports using information in the database at the 90
140+request of the Legislature, the judiciary, or the Department of 91
141+Elderly Affairs. 92
142+ (4) The Office of Public and Professional Guardians is 93
143+directed to share professional guardian registration and 94
144+disciplinary action information for the purposes of this 95
145+section. 96
146+ (5)(a) Beginning July 1, 2024, and annually thereafter 97
147+through July 1, 2027, the Florida Cl erks of Court Operations 98
148+Corporation must compile and report data collected by the clerks 99
149+of court and the Department of Elderly Affairs and maintained in 100
150+
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158158 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
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162- (b) OPPAGA must analyze the consolidated data compiled in 101
163-accordance with paragraph (a) to evaluate trends in the use of 102
164-guardianships in this state and to conduct a comparative 103
165-analysis of guardianship laws in other states. OPPAGA must 104
166-consult with the Office of the State Courts Administrator, the 105
167-Florida Clerks of Court Operations Corporation, the clerks of 106
168-court, and the Departm ent of Elderly Affairs during its 107
169-analysis. OPPAGA shall submit a report containing its findings 108
170-and recommendations to the Governor, the President of the 109
171-Senate, and the Speaker of the House of Representatives by 110
172-October 15, 2024, and annually thereafter through October 15, 111
173-2027. 112
174- (c) The data compiled and used for the reports required 113
175-under this subsection must be produced in a statewide, circuit -114
176-level, and county-level statistical format. Such reports must 115
177-include only aggregated and deidentified data a nd may not 116
178-contain personal identifying information of wards. 117
179- Section 2. Subsection (7) is added to section 744.2001, 118
180-Florida Statutes, to read: 119
181- 744.2001 Office of Public and Professional Guardians. —120
182-There is created the Office of Public and Professio nal Guardians 121
183-within the Department of Elderly Affairs. 122
184- (7)(a) On or before July 1, 2023, the Office of Public and 123
185-Professional Guardians shall publish on its website a profile of 124
186-each registered professional guardian. The profiles must be 125
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162+the database to the Office of Program Policy Analysis and 101
163+Governmental Accountability (OPPAGA). 102
164+ (b) OPPAGA must analyze the consolidated data compiled in 103
165+accordance with paragraph (a) to evaluate trends in the use of 104
166+guardianships in the state and to conduct a comparative analysis 105
167+of guardianship laws in other states. OPPAGA must consult with 106
168+the Office of the State Courts Administrator, the Florida Clerks 107
169+of Court Operations Corporation, the clerks of court, and the 108
170+Department of Elderly Affairs during its analysis. OPPAGA shall 109
171+submit a report containing its findings and recommendations to 110
172+the Governor, the President of the Senate, and the Speaker of 111
173+the House of Representatives by October 15, 2024, and annually 112
174+thereafter through October 15, 2027. 113
175+ (c) The data compiled and used for the reports required 114
176+under this subsection must be produced in a stat ewide, circuit-115
177+level, and county-level statistical format. Such reports must 116
178+only include aggregated and deidentified data and may not 117
179+contain personal identifying information of wards. 118
180+ Section 2. Subsection (7) is added to section 744.2001, 119
181+Florida Statutes, to read: 120
182+ 744.2001 Office of Public and Professional Guardians. —121
183+There is created the Office of Public and Professional Guardians 122
184+within the Department of Elderly Affairs. 123
185+ (7)(a) The Office of Public and Professional Guardians 124
186+shall publish on its website a profile of each registered 125
187+
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195195 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
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199-accessible and searchable by the public and must include, at a 126
200-minimum, the following information: 127
201- 1. The guardian's name and business address. 128
202- 2. Whether the guardian meets the education and bonding 129
203-requirements under s. 744.2003. 130
204- 3. The number and type of substa ntiated complaints against 131
205-the guardian. 132
206- 4. Any disciplinary actions taken by the Department of 133
207-Elderly Affairs against the guardian. 134
208- (b) The Department of Elderly Affairs may not populate the 135
209-professional guardian profiles with information from the 136
210-database established in s. 744.2112. 137
211- (c) The Department of Elderly Affairs may adopt rules 138
212-necessary to implement this subsection. 139
213- Section 3. For the 2022-2023 fiscal year, the sum of 140
214-$2,400,000 in nonrecurring funds is appropriated from the 141
215-General Revenue Fund to the Justice Administrative Commission 142
216-for distribution to the Florida Clerks of Court Operations 143
217-Corporation for the purpose of implementing this act. 144
218- Section 4. For the 2022-2023 fiscal year, the sums of 145
219-$40,000 in recurring fu nds and $300,000 in nonrecurring funds 146
220-are appropriated from the General Revenue Fund to the Department 147
221-of Elderly Affairs for the purpose of implementing this act. 148
222- Section 5. This act shall take effect July 1, 2022. 149
199+professional guardian. The profiles must be accessible and 126
200+searchable by the public and must include, at a minimum, the 127
201+following information: 128
202+ 1. The guardian's name and business address. 129
203+ 2. Whether the guardian me ets the education and bonding 130
204+requirements under s. 744.2003. 131
205+ 3. The number and type of substantiated complaints against 132
206+the guardian. 133
207+ 4. Any disciplinary actions taken by the Department of 134
208+Elderly Affairs against the guardian. 135
209+ (b) The Department of Elderly Affairs may adopt rules 136
210+necessary to implement this subsection. 137
211+ Section 3. For the 2022-2023 fiscal year, the sum of 138
212+$2,400,000 in nonrecurring funds is appropriated from the 139
213+General Revenue Fund to the Justice Administrative Commission 140
214+for distribution to the Florida Clerks of Court Operations 141
215+Corporation for the purpose of implementing this act. 142
216+ Section 4. For the 2022-2023 fiscal year, the sums of 143
217+$40,000 in recurring funds and $300,000 in nonrecurring funds 144
218+are appropriated from the Gene ral Revenue Fund to the Department 145
219+of Elderly Affairs for the purpose of implementing this act. 146
220+ Section 5. This act shall take effect July 1, 2022. 147