The Florida Senate
HOUSE MESSAGE SUMMARY
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs
[2022s07010.hms.cf.docx]
BILL: 7010
INTRODUCER: Children, Families, and Elder Affairs
SUBJECT: OGSR/Public and Professional Guardians
DATE: March 2, 2022
I.Amendments Contained in Message:
House Amendment 1 - 865807
II.Summary of Amendments Contained in Message:
House Amendment 1 – 865807: This amendment provides that a complaint and any information
held by the Department of Elder Affairs (the DOEA) as part of an investigation of potential
guardian misconduct is confidential and exempt from s. 119.07(1), F.S., and s. 24(a), Art. 1 of
the Florida Constitution until the investigation is completed or ceases to be active. The
amendment defines ‘active’ to mean investigations where the DOEA is continuing with a
reasonable, good faith belief that the investigation may lead to a finding that a guardian has
violated the standards of practice established by the Office of Public and Professional Guardians
(the OPPG). This narrows the current exemption.
The amendment also narrows the current exemption to only require that all photographs and
video recordings of either a complainant or ward in a guardianship case being investigated by the
OPPG remain confidential and exempt once the investigation is completed or ceases to be active.
Currently, all photographs and video recordings that are part of an investigation retain their
confidential and exempt status at all times unless the disclosure is required by court order.