Florida Senate - 2022 CS for SB 1032 By the Committee on Judiciary; and Senator Burgess 590-02250A-22 20221032c1 1 A bill to be entitled 2 An act relating to guardianships; amending s. 744.306, 3 F.S.; deleting provisions relating to foreign 4 guardianship orders; amending s. 744.363, F.S.; 5 authorizing a guardian to sign an order not to 6 resuscitate in certain limited circumstances; amending 7 s. 744.3675, F.S.; authorizing a guardian to sign an 8 order not to resuscitate in certain limited 9 circumstances; amending s. 744.441, F.S.; authorizing 10 a guardian to consent to the entry of an order not to 11 resuscitate by a physician under certain limited 12 circumstances; requiring a guardian to notify the 13 court within a certain time after signing or 14 consenting to the entry of an order not to 15 resuscitate; creating part IX of ch. 744, Florida 16 Statutes, entitled the Florida Guardianship 17 Jurisdiction Act; creating s. 744.74, F.S.; providing 18 a short title; creating s. 744.75, F.S.; providing 19 legislative purpose and construction; creating s. 20 744.76, F.S.; defining terms; creating s. 744.77, 21 F.S.; providing construction relating to international 22 application; creating s. 744.78, F.S.; authorizing 23 courts of this state to communicate with courts of 24 another state relating to certain proceedings; 25 requiring courts of this state to make a record of 26 such communication; specifying communications that 27 interested persons must be able to participate in; 28 creating s. 744.79, F.S.; specifying actions that a 29 court of this state may request from, and perform for, 30 a court of another state in certain guardianship 31 proceedings; creating s. 744.80, F.S.; authorizing 32 courts of this state to permit witness testimony by 33 certain means; providing that certain evidence may be 34 excluded after a judicial determination of 35 admissibility; creating s. 744.81, F.S.; specifying 36 factors a court must consider in determining whether a 37 respondent has a significant connection with a 38 particular state; creating s. 744.82, F.S.; providing 39 construction relating to the basis for jurisdiction; 40 creating s. 744.83, F.S.; specifying circumstances 41 when a court of this state has jurisdiction in certain 42 guardianship proceedings; creating s. 744.84, F.S.; 43 specifying the special jurisdiction of courts of this 44 state; providing procedures relating to the 45 appointment of an emergency temporary guardian under 46 certain circumstances; creating s. 744.85, F.S.; 47 providing that a court that has appointed a guardian 48 has exclusive and continuing jurisdiction until 49 certain conditions are met; creating s. 744.86, F.S.; 50 authorizing a court of this state to decline to 51 exercise its jurisdiction under certain circumstances; 52 specifying requirements for such court; specifying 53 factors a court must consider in determining whether 54 it is an appropriate forum; creating s. 744.87, F.S.; 55 authorizing a court to decline to exercise 56 jurisdiction or to exercise jurisdiction for a limited 57 purpose under certain circumstances; authorizing a 58 court to assess certain expenses against certain 59 persons; prohibiting the court from assessing certain 60 fees, costs, or expenses against this state; creating 61 s. 744.88, F.S.; providing notice requirements for 62 certain petitions to appoint a guardian; creating s. 63 744.89, F.S.; providing procedures when certain 64 proceedings are pending in more than one state; 65 creating s. 744.90, F.S.; authorizing a guardian 66 appointed in this state to petition to transfer the 67 guardianship to another state; providing notice 68 requirements; providing requirements and procedures 69 for the court; specifying conditions before a court 70 issues a final order confirming the transfer and 71 terminating the guardianship; providing a requirement 72 for the guardian in filing a petition for discharge; 73 creating s. 744.91, F.S.; specifying requirements and 74 procedures for the transfer of a guardianship from 75 another state; providing construction; creating s. 76 744.92, F.S.; providing a procedure for registering 77 guardianship orders in this state under certain 78 circumstances; creating s. 744.93, F.S.; providing 79 construction relating to the effect of registering a 80 guardianship order; creating s. 744.94, F.S.; 81 providing construction relating to uniformity of law; 82 creating s. 744.95, F.S.; providing construction 83 relating to the federal Electronic Signatures in 84 Global and National Commerce Act; providing 85 applicability; providing an effective date. 86 87 Be It Enacted by the Legislature of the State of Florida: 88 89 Section 1.Section 744.306, Florida Statutes, is amended to 90 read: 91 744.306Authority of guardian to accept payment of debt 92 owed to ward Foreign guardians. 93 (1)When the residence of a ward of a foreign guardian is 94 moved to this state, the guardian shall, within 60 days after 95 such change of residence, file the authenticated order of her or 96 his appointment with the clerk of the court in the county where 97 the ward resides. Such order shall be recognized and given full 98 faith and credit in the courts of this state. The guardian and 99 the ward are subject to this chapter. 100 (2)A guardian appointed in any state, territory, or 101 country may maintain or defend any action in this state as a 102 representative of her or his ward. 103 (1)(3)A debtor Debtors who has not have received a no 104 written demand for payment from a guardian appointed in this 105 state within 60 days after the appointment of a guardian, 106 curator, conservator, or committee in any state, territory, or 107 country other than this state, and whose property in this state 108 is subject to a mortgage or other lien securing the debt held by 109 the foreign guardian, curator, conservator, or committee, may 110 pay the debt to the foreign guardian, curator, conservator, or 111 committee after the expiration of 60 days from the date of her 112 or his appointment. A satisfaction of the mortgage or lien, 113 executed after the 60 days have expired by the foreign guardian, 114 curator, conservator, or committee, with an authenticated copy 115 of the letters or other evidence of authority of the foreign 116 guardian, curator, conservator, or committee attached, may be 117 recorded in the public records of this state and shall 118 constitute an effective discharge of the mortgage or lien, 119 irrespective of whether the debtor had received written demand 120 before paying the debt. 121 (2)(4)A person All persons indebted to a ward, or having 122 possession of personal property belonging to a ward, who has not 123 have received a no written demand for payment of the 124 indebtedness or the delivery of the property from a guardian 125 appointed in this state is are authorized to pay the 126 indebtedness or to deliver the personal property to the foreign 127 guardian, curator, conservator, or committee after the 128 expiration of the 60 days from the date of her or his 129 appointment. 130 Section 2.Paragraph (f) of subsection (1) of section 131 744.363, Florida Statutes, is amended to read: 132 744.363Initial guardianship plan. 133 (1)The initial guardianship plan shall include all of the 134 following: 135 (f)A list of any preexisting orders not to resuscitate 136 executed under s. 401.45(3) or preexisting advance directives, 137 as defined in s. 765.101, the date an order or directive was 138 signed, whether such order or directive has been suspended by 139 the court, and a description of the steps taken to identify and 140 locate the preexisting order not to resuscitate or advance 141 directive. If a preexisting order not to resuscitate is 142 disclosed in a court approved initial guardianship plan and has 143 not been suspended by the court, a plenary guardian or a limited 144 guardian of a ward may sign an order not to resuscitate as 145 provided in s. 401.45(3) without prior court approval under s. 146 744.441(2). 147 Section 3.Paragraph (d) of subsection (1) of section 148 744.3675, Florida Statutes, is amended to read: 149 744.3675Annual guardianship plan.Each guardian of the 150 person must file with the court an annual guardianship plan 151 which updates information about the condition of the ward. The 152 annual plan must specify the current needs of the ward and how 153 those needs are proposed to be met in the coming year. 154 (1)Each plan for an adult ward must, if applicable, 155 include: 156 (d)A list of any preexisting orders not to resuscitate 157 executed under s. 401.45(3) or preexisting advance directives, 158 as defined in s. 765.101, the date an order or directive was 159 signed, whether such order or directive has been suspended by 160 the court, and a description of the steps taken to identify and 161 locate the preexisting order not to resuscitate or advance 162 directive. If a preexisting order not to resuscitate is 163 disclosed in a court approved annual guardianship plan and has 164 not been suspended by the court, a plenary guardian or a limited 165 guardian of a ward may sign an order not to resuscitate as 166 provided in s. 401.45(3) without prior court approval under s. 167 744.441(2). 168 Section 4.Subsection (2) of section 744.441, Florida 169 Statutes, is amended to read: 170 744.441Powers of guardian upon court approval.After 171 obtaining approval of the court pursuant to a petition for 172 authorization to act: 173 (2)A plenary guardian or a limited guardian of a ward may 174 sign an order not to resuscitate as provided in s. 401.45(3). 175 When a plenary guardian or a limited guardian of a ward seeks to 176 obtain approval of the court to sign an order not to 177 resuscitate, if required by exigent circumstances, the court 178 must hold a preliminary hearing within 72 hours after the 179 petition is filed, and: 180 (a)Rule on the relief requested immediately after the 181 preliminary hearing; or 182 (b)Conduct an evidentiary hearing not later than 4 days 183 after the preliminary hearing and rule on the relief requested 184 immediately after the evidentiary hearing. 185 (c)Notwithstanding paragraph (a), if the ward is 186 hospitalized and exigent circumstances exist which do not allow 187 time for the guardian to seek court approval under paragraph 188 (a), without prior court approval, the guardian may consent to 189 an order not to resuscitate being entered in the wards chart by 190 a physician provided the hospital ethics committee has met and 191 agrees with the entry of an order not to resuscitate. 192 (d)As soon as reasonable, and not more than 72 hours after 193 signing an order not to resuscitate or consenting to an order 194 being entered in the wards chart, the guardian must file notice 195 of such action with the court attaching documentation supporting 196 the decision or a copy of the courts order issued pursuant to 197 paragraph (a). 198 Section 5.Part IX of chapter 744, Florida Statutes, 199 consisting of ss. 744.74-744.96, Florida Statutes, is created 200 and entitled the Florida Guardianship Jurisdiction Act. 201 Section 6.Section 744.74, Florida Statutes, is created to 202 read: 203 744.74Short title.Sections 744.74-744.396 may be cited as 204 the Florida Guardianship Jurisdiction Act. 205 Section 7.Section 744.75, Florida Statutes, is created to 206 read: 207 744.75Purpose; construction.The purpose of this part is 208 to provide clear direction to the courts, attorneys, guardians, 209 and individuals about the proper jurisdiction for guardianship 210 proceedings. This part is intended to supplement, but not 211 replace, other parts of this chapter which provide procedures 212 for determining incapacity, appointing guardians, managing 213 estates, and other procedures as governed by this chapter. The 214 general purposes of this part are to: 215 (1)Avoid jurisdictional competition and conflict with 216 courts of other states in matters of guardianship. 217 (2)Establish procedures for transferring guardianship from 218 one state to another state when an adult ward moves. 219 (3)Avoid relitigating the guardianship decisions of other 220 states in this state. 221 (4)Discourage the use of the interstate system for 222 continuing controversies over guardianship. 223 (5)Provide a uniform national system for registration and 224 enforcement of out-of-state orders appointing a guardian. 225 Section 8.Section 744.76, Florida Statutes, is created to 226 read: 227 744.76Definitions.As used in this part, the term: 228 (1)Home state means the state in which the respondent 229 was physically present, including any period of temporary 230 absence, for at least 6 consecutive months immediately before 231 the filing of a petition for incapacity, guardianship, or 232 similar petition. If no such state exists, then the home state 233 is the state in which the respondent was physically present, 234 including any period of temporary absence, for at least 6 235 consecutive months ending within the 6 months immediately before 236 the filing of the petition. 237 (2)Respondent means an adult who is an alleged 238 incapacitated person or ward. 239 (3)Significant-connection state means a state, other 240 than the home state, with which a respondent has a significant 241 connection other than mere physical presence, and in which 242 substantial evidence concerning the respondent is available. 243 (4)State means a state of the United States, the 244 District of Columbia, Puerto Rico, the United States Virgin 245 Islands, a federally recognized Indian tribe, or any territory 246 or insular possession subject to the jurisdiction of the United 247 States. 248 Section 9.Section 744.77, Florida Statutes, is created to 249 read: 250 744.77International application of part.A court of this 251 state may treat a foreign country as if it were a state of the 252 United States for purposes of applying this part. 253 Section 10.Section 744.78, Florida Statutes, is created to 254 read: 255 744.78Communication between courts. 256 (1)A court of this state may communicate with a court of 257 another state concerning a proceeding arising under this 258 chapter; however, the court of this state shall make a record of 259 the communication. 260 (2)Communications between courts may not occur without the 261 ability of interested persons to also participate in the 262 communication, either in person or by other means of 263 participation. Interested persons need not be a party to the 264 internal communications between the clerks of the various 265 courts. 266 Section 11.Section 744.79, Florida Statutes, is created to 267 read: 268 744.79Cooperation between courts. 269 (1)In a guardianship proceeding in this state, a court of 270 this state may request the appropriate court of another state to 271 do any of the following: 272 (a)Hold a hearing. 273 (b)Order a person in that state to produce evidence or 274 given testimony pursuant to procedures of that state. 275 (c)Order that an evaluation or assessment be made of the 276 respondent. 277 (d)Order any appropriate investigation of a person 278 involved in a proceeding. 279 (e)Forward to the court of this state a certified copy of 280 the transcript or other records of a hearing under paragraph (a) 281 or any other proceeding, any evidence otherwise produced under 282 paragraph (b), and any evaluation or assessment prepared in 283 compliance with an order under paragraph (c) or paragraph (d). 284 (f)Issue any order necessary to assure the appearance in 285 the proceeding of a person whose presence is necessary for the 286 court to make a determination, including the respondent. 287 (g)Issue an order authorizing the release of medical, 288 financial, criminal, or other relevant information in that 289 state, including protected health information as defined in 45 290 C.F.R. s. 160.103. 291 (2)If a court of another state in which a guardianship 292 proceeding is pending requests the kind of assistance described 293 in subsection (1), a court of this state has jurisdiction for 294 the limited purpose of granting the request or making reasonable 295 efforts to comply with the request. 296 Section 12.Section 744.80, Florida Statutes, is created to 297 read: 298 744.80Taking testimony in another state. 299 (1)In a guardianship proceeding, upon agreement of all the 300 parties, a court of this state may permit a witness located in 301 another state to be deposed or to testify by telephone, 302 audiovisual, or other electronic means. 303 (2)Documentary evidence transmitted from another state to 304 a court of this state by technological means which does not 305 produce an original writing may be excluded from evidence after 306 a judicial determination of admissibility. 307 Section 13.Section 744.81, Florida Statutes, is created to 308 read: 309 744.81Significant-connection factors.In determining 310 whether a respondent has a significant connection with a 311 particular state, the court shall consider the following: 312 (1)The location of the respondents family and other 313 persons required to be notified of the guardianship proceeding. 314 (2)The length of time that the respondent was physically 315 present in the state at any point in time and the duration of 316 any absence. 317 (3)The location of the respondents property. 318 (4)The extent to which the respondent has ties to the 319 state, such as voting registration, state or local tax return 320 filing, vehicle registration, driver license, social 321 relationships, and receipt of services. 322 Section 14.Section 744.82, Florida Statutes, is created to 323 read: 324 744.82Exclusive basis for jurisdiction.This part provides 325 the exclusive jurisdictional basis for a court of this state to 326 appoint a guardian for an adult. If the courts of this state 327 have jurisdiction, the appropriate venue shall be determined as 328 provided in s. 744.1097. 329 Section 15.Section 744.83, Florida Statutes, is created to 330 read: 331 744.83Jurisdiction.A court of this state has jurisdiction 332 to determine incapacity, appoint a guardian, or undertake 333 similar proceedings if any of the following applies: 334 (1)This state is the respondents home state. 335 (2)On the date a petition is filed, this state is a 336 significant-connection state and: 337 (a)The respondent does not have a home state, or a court 338 of the respondents home state has declined to exercise 339 jurisdiction because this state is a more appropriate forum; or 340 (b)The respondent has a home state but a petition for an 341 appointment or order is not pending in a court of that state or 342 another significant-connection state, and before the court of 343 this state makes the appointment or issues an order: 344 1.A petition to determine incapacity, appoint a guardian, 345 or other similar proceeding is not filed in the respondents 346 home state; 347 2.An objection to the jurisdiction of the court of this 348 state is not filed by a person required to be notified of the 349 proceeding; and 350 3.The court of this state concludes that it is the 351 appropriate forum after considering the factors set forth in s. 352 744.86. 353 (3)This state does not have jurisdiction under subsection 354 (1) or subsection (2), the respondents home state and all 355 significant-connection states have declined to exercise 356 jurisdiction because this state is the more appropriate forum, 357 and jurisdiction in this state is consistent with the State 358 Constitution and the United States Constitution. 359 (4)The requirements for special jurisdiction under s. 360 744.84 are met. 361 Section 16.Section 744.84, Florida Statutes, is created to 362 read: 363 744.84Special jurisdiction. 364 (1)A court of this state has jurisdiction to do the 365 following: 366 (a)In accordance with this chapter, appoint an emergency 367 temporary guardian pursuant to s. 744.3031 for a person who is 368 physically present in this state. 369 (b)Appoint a guardian for a ward for whom a provisional 370 order to transfer the proceeding from another state has been 371 issued. 372 (2)If a petition for the appointment of an emergency 373 temporary guardian is brought in this state and this state is 374 not the respondents home state on the date that the petition is 375 filed, the court must dismiss the proceeding at the request of 376 the court of the home state, if any such request is made, only 377 after a hearing and judicial determination of the appropriate 378 forum of the alleged incapacitated person based on those factors 379 as set forth in s. 744.86, whether by the home state or this 380 state. If, after the hearing, the home state and this state 381 differ in their determination of which is the appropriate forum, 382 the determination of the home state shall prevail, whether 383 dismissal is requested before or after the emergency 384 appointment. 385 Section 17.Section 744.85, Florida Statutes, is created to 386 read: 387 744.85Exclusive and continuing jurisdiction.Except as 388 otherwise provided in s. 744.84, a court that has appointed a 389 guardian consistent with this part has exclusive and continuing 390 jurisdiction over the proceeding only until a determination is 391 made as to the proper jurisdiction of the action, the 392 jurisdiction is terminated by the court, or the appointment or 393 order expires by its own terms. 394 Section 18.Section 744.86, Florida Statutes, is created to 395 read: 396 744.86Appropriate forum. 397 (1)A court of this state having jurisdiction to appoint a 398 guardian may decline to exercise its jurisdiction if it 399 determines at any time that a court of another state is a more 400 appropriate forum. 401 (2)If a court of this state declines to exercise its 402 jurisdiction under subsection (1), it must dismiss or stay the 403 proceeding. The court may impose any condition that the court 404 considers just and proper, including requiring that a petition 405 for the appointment of a guardian or issuance of similar 406 petition be filed promptly in another state. 407 (3)In determining whether it is an appropriate forum, the 408 court shall consider all relevant factors, including: 409 (a)Any expressed preference of the respondent. 410 (b)Whether abuse, neglect, or exploitation of the 411 respondent has occurred or is likely to occur, and which state 412 could best protect the respondent from the abuse, neglect, or 413 exploitation. 414 (c)The length of time the respondent was physically 415 present in or was a legal resident of this or another state. 416 (d)The distance of the respondent from the court in each 417 state. 418 (e)The financial circumstances of the respondents estate. 419 (f)The nature and location of the evidence. 420 (g)The ability of the court in each state to decide the 421 issue expeditiously and the procedures necessary to present 422 evidence. 423 (h)The familiarity of the court of each state with the 424 facts and issues in the proceeding. 425 (i)If an appointment was made, the courts ability to 426 monitor the conduct of the guardian or conservator. 427 Section 19.Section 744.87, Florida Statutes, is created to 428 read: 429 744.87Jurisdiction declined by reason of conduct. 430 (1)If at any time a court of this state determines that it 431 acquired jurisdiction to appoint a guardian because a person 432 seeking to invoke its jurisdiction engaged in bad faith or 433 unlawful conduct, the court may: 434 (a)Decline to exercise jurisdiction; or 435 (b)Exercise jurisdiction for the limited purpose of 436 fashioning an appropriate remedy to ensure the health, safety, 437 and welfare of the respondent or protecting the respondents 438 property, or both, including staying the proceeding until a 439 petition for the appointment of a guardian is filed in a court 440 of another state having jurisdiction. 441 (2)If a court of this state determines that it acquired 442 jurisdiction to appoint a guardian because a person seeking to 443 invoke its jurisdiction engaged in bad faith or unlawful 444 conduct, it may assess that person necessary and reasonable 445 expenses, including attorney fees, investigative fees, court 446 costs, communication expenses, witness fees and expenses, and 447 travel expenses. The court may not assess fees, costs, or 448 expenses of any kind against this state or a governmental 449 subdivision, agency, or instrumentality of this state unless 450 otherwise expressly authorized by law. 451 Section 20.Section 744.88, Florida Statutes, is created to 452 read: 453 744.88Notice of proceeding.If a petition for the 454 appointment of a guardian is brought in this state and this 455 state is not the respondents home state on the date that the 456 petition was filed, the petitioner must provide notice of the 457 petition to those persons who would be entitled to notice of the 458 petition in this state and in the respondents home state. 459 Section 21.Section 744.89, Florida Statutes, is created to 460 read: 461 744.89Proceedings in more than one state.Except for a 462 petition for the appointment of an emergency temporary guardian, 463 if a petition for the appointment of a guardian is filed in this 464 state and in another state and neither petition has been 465 dismissed or withdrawn, the following rules apply: 466 (1)If the court of this state has jurisdiction under this 467 chapter, it may proceed with the case unless a court of another 468 state acquires jurisdiction before the appointment of the 469 guardian or issuance of the order. 470 (2)If the court of this state does not have jurisdiction 471 under this chapter after a hearing and judicial determination of 472 same, whether at the time the petition is filed or at any time 473 before the appointment of a guardian or issuance of an order, 474 the court must stay the proceeding and communicate with the 475 court of the other state. If the court of the other state has 476 jurisdiction after a hearing and judicial determination of same, 477 the court of this state must dismiss the petition unless the 478 court of the other state determines that the court of this state 479 is a more appropriate forum. 480 Section 22.Section 744.90, Florida Statutes, is created to 481 read: 482 744.90Transfer of guardianship to another state. 483 (1)A guardian appointed in this state may petition the 484 court to transfer the guardianship to another state as provided 485 in s. 744.1098(1). 486 (2)Notice of a petition under subsection (1) must be given 487 to the ward and all of the next of kin of the ward. 488 (3)On the courts own motion or upon request of the 489 guardian, the ward, or both, the court shall hold a hearing on a 490 petition filed under subsection (1). 491 (4)The court may issue an order provisionally granting a 492 petition to transfer a guardianship and shall direct the 493 guardian to petition for guardianship in the other state if the 494 court is satisfied that the guardianship will likely be accepted 495 by the court of the other state and the court finds that: 496 (a)The ward is physically present in or is reasonably 497 expected to move permanently to the other state; 498 (b)An objection to the transfer has not been made or, if 499 an objection has been made, the objector has not established 500 that the transfer would be contrary to the best interests of the 501 ward ; and 502 (c)Plans for care and services for the ward in the other 503 state are reasonable and sufficient. 504 (5)The court shall issue a final order confirming the 505 transfer and terminating the guardianship upon its receipt of: 506 (a)A provisional order accepting the proceeding from the 507 court to which the proceeding is to be transferred and issued 508 under provisions similar to s. 744.89; and 509 (b)The documents required, including any required 510 accountings, to terminate a guardianship in this state. 511 (6)The guardian of the ward in this state shall file a 512 petition for discharge in accordance with part VII of this 513 chapter within 60 days after receipt of an order confirming the 514 transfer of the guardianship to another jurisdiction. 515 Section 23.Section 744.91, Florida Statutes, is created to 516 read: 517 744.91Accepting guardianship transferred from another 518 state. 519 (1)Within 60 days after the residence of a ward of a 520 foreign guardian is moved to this state, the foreign guardian 521 appointed in another state shall file a petition to determine 522 incapacity and a petition to appoint a guardian with the clerk 523 of court in the county in which the ward resides. The petitions 524 must include a certified copy of the other states provisional 525 order of transfer, in addition to a certified copy of the 526 guardians letters of guardianship or the equivalent. 527 (2)Notice of the petitions under subsection (1) must be 528 given to those persons who would be entitled to notice in this 529 state in the same manner as notice is required to be given in 530 this state and the respondents home state. 531 (3)The court shall hold a hearing on the petitions filed 532 pursuant to the procedures set forth in this chapter. 533 (4)The court shall issue orders provisionally granting the 534 petitions unless: 535 (a)An objection is made and the objector establishes that 536 transfer of the proceeding would be contrary to the best 537 interests of the ward; or 538 (b)The guardian is ineligible for appointment in this 539 state. 540 (5)Until such time as a guardian is appointed in this 541 state for the ward or the ward is determined to not require a 542 guardian in this state, the foreign guardians authority is 543 recognized and given full faith and credit in the courts of this 544 state, provided that the guardian is qualified to serve as the 545 guardian of the ward in this state. A foreign guardian who fails 546 to comply with the requirements of this section has no authority 547 to act on behalf of the ward in this state. 548 (6)After appointment of a guardian in this state, the 549 court may issue such orders as necessary to complete the 550 transfer of the foreign guardianship to this state or the 551 termination of the foreign guardianship, as may be required. 552 (7)The authority of the guardian of a nonresident ward 553 shall be recognized and given full faith and credit in the 554 courts of this state. A guardian appointed in another state or 555 country may maintain or defend any action in this state as a 556 representative of the ward unless a guardian has been appointed 557 in this state. 558 Section 24.Section 744.92, Florida Statutes, is created to 559 read: 560 744.92Registration of guardianship orders.If a guardian 561 has been appointed in another state and a petition for the 562 appointment of a guardianship is not pending in this state, the 563 guardian appointed in the other state, after giving notice of 564 the appointment to the appointing court of the intent to 565 register, may register the guardianship order in this state by 566 filing it as a foreign judgment in a court of this state 567 pursuant to ss. 744.307 and 744.308. 568 Section 25.Section 744.93, Florida Statutes, is created to 569 read: 570 744.93Effect of registration.Upon registration of an 571 order from another state appointing a guardian, the guardian or 572 conservator may exercise in this state all powers authorized in 573 the order of appointment except as prohibited under the laws of 574 this state and, if the guardian is not a resident of this state, 575 subject to any conditions imposed upon nonresident parties. 576 Section 26.Section 744.94, Florida Statutes, is created to 577 read: 578 744.94Uniformity of application and construction.In 579 applying and construing this part, consideration must be given 580 to the need to promote uniformity of the law with respect to its 581 subject matter among states that enact it. 582 Section 27.Section 744.95, Florida Statutes, is created to 583 read: 584 744.95Relation to federal Electronic Signatures in Global 585 and National Commerce Act.This part modifies, limits, and 586 supersedes the federal Electronic Signatures in Global and 587 National Commerce Act, 15 U.S.C. s. 7001 et seq., but does not 588 modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 589 7001(c), or authorize electronic delivery of any of the notices 590 described in s. 103(b) of that act, 15 U.S.C. s. 7003(b). 591 Section 28.This act applies to new and existing 592 guardianship proceedings on or after July 1, 2022. 593 Section 29.This act shall take effect July 1, 2022.