| 51 | | - | F.S.; providing an additional method of complying with 26 |
|---|
| 52 | | - | certain instruction and education requirements for 27 |
|---|
| 53 | | - | court-appointed guardians; amending s. 744.368, F.S.; 28 |
|---|
| 54 | | - | requiring clerks of the court to report to the office 29 |
|---|
| 55 | | - | within a specified timeframe after the court imposes 30 |
|---|
| 56 | | - | any sanctions on a professional guardian; provid ing an 31 |
|---|
| 57 | | - | effective date. 32 |
|---|
| 58 | | - | 33 |
|---|
| 59 | | - | Be It Enacted by the Legislature of the State of Florida: 34 |
|---|
| 60 | | - | 35 |
|---|
| 61 | | - | Section 1. Paragraph (b) of subsection (4) of section 36 |
|---|
| 62 | | - | 400.0069, Florida Statutes, is amended to read: 37 |
|---|
| 63 | | - | 400.0069 Long-term care ombudsman districts; local long -38 |
|---|
| 64 | | - | term care ombudsman councils; duties; appointment. — 39 |
|---|
| 65 | | - | (4) Each district and local council shall be composed of 40 |
|---|
| 66 | | - | ombudsmen whose primary residences are located within the 41 |
|---|
| 67 | | - | boundaries of the district. 42 |
|---|
| 68 | | - | (b) The following individuals may not be appointed as 43 |
|---|
| 69 | | - | ombudsmen: 44 |
|---|
| 70 | | - | 1. The owner or representative of a long -term care 45 |
|---|
| 71 | | - | facility. 46 |
|---|
| 72 | | - | 2. A provider or representative of a provider of long -term 47 |
|---|
| 73 | | - | care service. 48 |
|---|
| 74 | | - | 3. An employee of the agency. 49 |
|---|
| 75 | | - | 4. An employee of the department who is not employed in 50 |
|---|
| 51 | + | 4. An employee of the department who is not employed in 26 |
|---|
| 52 | + | the Long-Term Care Ombudsman Program , except for staff certified 27 |
|---|
| 53 | + | as ombudsmen in the district offices . 28 |
|---|
| 54 | + | 5. An employee of th e Department of Children and Families. 29 |
|---|
| 55 | + | 6. An employee of the Agency for Persons with 30 |
|---|
| 56 | + | Disabilities. 31 |
|---|
| 57 | + | Section 2. Subsections (4), (5), and (6) of section 32 |
|---|
| 58 | + | 430.0402, Florida Statutes, are renumbered as subsections (3), 33 |
|---|
| 59 | + | (4), and (5), respectively, and para graph (b) of subsection (1), 34 |
|---|
| 60 | + | paragraphs (a) and (c) of subsection (2), and subsection (3) of 35 |
|---|
| 61 | + | that section are amended, to read: 36 |
|---|
| 62 | + | 430.0402 Screening of direct service providers. — 37 |
|---|
| 63 | + | (1) 38 |
|---|
| 64 | + | (b) For purposes of this section, the term "direct service 39 |
|---|
| 65 | + | provider" means a person 18 years of age or older who, pursuant 40 |
|---|
| 66 | + | to a program to provide services to the elderly, has direct, 41 |
|---|
| 67 | + | face-to-face contact with a client while providing services to 42 |
|---|
| 68 | + | the client and has access to the client's living areas, funds, 43 |
|---|
| 69 | + | personal property, or personal identification information as 44 |
|---|
| 70 | + | defined in s. 817.568. The term includes , but is not limited to, 45 |
|---|
| 71 | + | the administrator or a similarly titled person who is 46 |
|---|
| 72 | + | responsible for the daily operation of the provider; the 47 |
|---|
| 73 | + | financial officer or similarly tit led person who is responsible 48 |
|---|
| 74 | + | for the financial operation of the provider; coordinators, 49 |
|---|
| 75 | + | managers, and supervisors of residential facilities ; and 50 |
|---|
| 88 | | - | the Long-Term Care Ombudsman Program, except for staff certified 51 |
|---|
| 89 | | - | as ombudsmen in the district offices . 52 |
|---|
| 90 | | - | 5. An employee of the Department of Children and Families. 53 |
|---|
| 91 | | - | 6. An employee of the Agency for Persons with 54 |
|---|
| 92 | | - | Disabilities. 55 |
|---|
| 93 | | - | Section 2. Subsections (4), (5), and (6) of section 56 |
|---|
| 94 | | - | 430.0402, Florida Statutes, are renumbered as subsections (3), 57 |
|---|
| 95 | | - | (4), and (5), respectively, and paragraph (b) of subsection (1), 58 |
|---|
| 96 | | - | paragraphs (a) and (c) of subsection (2), and subsection (3) of 59 |
|---|
| 97 | | - | that section are amended, to read: 60 |
|---|
| 98 | | - | 430.0402 Screening of dire ct service providers. — 61 |
|---|
| 99 | | - | (1) 62 |
|---|
| 100 | | - | (b) For purposes of this section, the term "direct service 63 |
|---|
| 101 | | - | provider" means a person 18 years of age or older who, pursuant 64 |
|---|
| 102 | | - | to a program to provide services to the elderly, has direct, 65 |
|---|
| 103 | | - | face-to-face contact with a client while providing services to 66 |
|---|
| 104 | | - | the client and has access to the client's living areas, funds, 67 |
|---|
| 105 | | - | personal property, or personal identification information as 68 |
|---|
| 106 | | - | defined in s. 817.568. The term includes , but is not limited to, 69 |
|---|
| 107 | | - | the administrator or a similarly titled perso n who is 70 |
|---|
| 108 | | - | responsible for the daily operation of the provider; the 71 |
|---|
| 109 | | - | financial officer or similarly titled person who is responsible 72 |
|---|
| 110 | | - | for the financial operation of the provider; coordinators, 73 |
|---|
| 111 | | - | managers, and supervisors of residential facilities ; and 74 |
|---|
| 112 | | - | volunteers; and any other person seeking employment with a 75 |
|---|
| 88 | + | volunteers; and any other person seeking employment with a 51 |
|---|
| 89 | + | provider who is expected to or whose responsibiliti es may 52 |
|---|
| 90 | + | require him or her to provide personal care or services directly 53 |
|---|
| 91 | + | to clients or have access to client funds, financial matters, 54 |
|---|
| 92 | + | legal matters, personal property, or living areas . 55 |
|---|
| 93 | + | (2) Level 2 background screening pursuant to chapter 435 56 |
|---|
| 94 | + | and this section is not required for the following direct 57 |
|---|
| 95 | + | service providers: 58 |
|---|
| 96 | + | (a)1. Licensed physicians, nurses, or other professionals 59 |
|---|
| 97 | + | licensed by the Department of Health who are providing a service 60 |
|---|
| 98 | + | that is within the scope of their license, who have been 61 |
|---|
| 99 | + | fingerprinted and undergone background screening as part of 62 |
|---|
| 100 | + | their licensure; and 63 |
|---|
| 101 | + | 2. Attorneys in good standing with The Florida Bar; 64 |
|---|
| 102 | + | 65 |
|---|
| 103 | + | if they are providing a service that is within the scope of 66 |
|---|
| 104 | + | their licensed practice . 67 |
|---|
| 105 | + | (c) Volunteers who assist on an intermitte nt basis for 68 |
|---|
| 106 | + | less than 20 hours per month and who are not listed on the 69 |
|---|
| 107 | + | Department of Law Enforcement Career Offender Search or the Dru 70 |
|---|
| 108 | + | Sjodin National Sex Offender Public Website. 71 |
|---|
| 109 | + | 1. The program that provides services to the elderly is 72 |
|---|
| 110 | + | responsible for verifying that the volunteer is not listed on 73 |
|---|
| 111 | + | either database. 74 |
|---|
| 112 | + | 2. Once the department is participating as a specified 75 |
|---|
| 125 | | - | provider who is expected to or whose responsibilities may 76 |
|---|
| 126 | | - | require him or her to provide personal care or services directly 77 |
|---|
| 127 | | - | to clients or have access to client funds, financial matters, 78 |
|---|
| 128 | | - | legal matters, persona l property, or living areas . 79 |
|---|
| 129 | | - | (2) Level 2 background screening pursuant to chapter 435 80 |
|---|
| 130 | | - | and this section is not required for the following direct 81 |
|---|
| 131 | | - | service providers: 82 |
|---|
| 132 | | - | (a)1. Licensed physicians, nurses, or other professionals 83 |
|---|
| 133 | | - | licensed by the Department of H ealth who are providing a service 84 |
|---|
| 134 | | - | that is within the scope of their license, who have been 85 |
|---|
| 135 | | - | fingerprinted and undergone background screening as part of 86 |
|---|
| 136 | | - | their licensure; and 87 |
|---|
| 137 | | - | 2. Attorneys in good standing with The Florida Bar; 88 |
|---|
| 138 | | - | 89 |
|---|
| 139 | | - | if they are providing a servi ce that is within the scope of 90 |
|---|
| 140 | | - | their licensed practice . 91 |
|---|
| 141 | | - | (c) Volunteers who assist on an intermittent basis for 92 |
|---|
| 142 | | - | less than 20 hours per month and who are not listed on the 93 |
|---|
| 143 | | - | Department of Law Enforcement Career Offender Search or the Dru 94 |
|---|
| 144 | | - | Sjodin National Sex Offender Public Website. 95 |
|---|
| 145 | | - | 1. The program that provides services to the elderly is 96 |
|---|
| 146 | | - | responsible for verifying that the volunteer is not listed on 97 |
|---|
| 147 | | - | either database. 98 |
|---|
| 148 | | - | 2. Once the department is participating as a specified 99 |
|---|
| 149 | | - | agency in the clearinghouse created u nder s. 435.12, The 100 |
|---|
| 150 | | - | |
|---|
| 151 | | - | CS/HB 1411 2023 |
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| 152 | | - | |
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| 153 | | - | |
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| 154 | | - | |
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| 155 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 157 | | - | Page 5 of 10 |
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| 158 | | - | 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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| 159 | | - | |
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| 160 | | - | |
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| 161 | | - | |
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| 162 | | - | provider shall forward the volunteer information to the 101 |
|---|
| 163 | | - | Department of Elderly Affairs if the volunteer is not listed in 102 |
|---|
| 164 | | - | either database specified in subparagraph 1 . The department must 103 |
|---|
| 165 | | - | then perform a check of the clearinghouse. If a dis qualification 104 |
|---|
| 166 | | - | is identified in the clearinghouse, the volunteer must undergo 105 |
|---|
| 167 | | - | level 2 background screening pursuant to chapter 435 and this 106 |
|---|
| 168 | | - | section. 107 |
|---|
| 169 | | - | (3) Until the department is participating as a specified 108 |
|---|
| 170 | | - | agency in the clearinghouse created under s. 435. 12, the 109 |
|---|
| 171 | | - | department may not require additional level 2 screening if the 110 |
|---|
| 172 | | - | individual is qualified for licensure or employment by the 111 |
|---|
| 173 | | - | Agency for Health Care Administration pursuant to the agency's 112 |
|---|
| 174 | | - | background screening standards under s. 408.809 and the 113 |
|---|
| 175 | | - | individual is providing a service that is within the scope of 114 |
|---|
| 176 | | - | his or her licensed practice or employment. 115 |
|---|
| 177 | | - | Section 3. Subsections (2) and (3) of section 744.2001, 116 |
|---|
| 178 | | - | Florida Statutes, are amended to read: 117 |
|---|
| 179 | | - | 744.2001 Office of Public and Professional Guardians. —118 |
|---|
| 180 | | - | There is created the Office of Public and Professional Guardians 119 |
|---|
| 181 | | - | within the Department of Elderly Affairs. 120 |
|---|
| 182 | | - | (2) The executive director shall, within available 121 |
|---|
| 183 | | - | resources: 122 |
|---|
| 184 | | - | (a) Have oversight responsibilities for all public and 123 |
|---|
| 185 | | - | professional guardians. 124 |
|---|
| 186 | | - | |
|---|
| 187 | | - | CS/HB 1411 2023 |
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| 188 | | - | |
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| 189 | | - | |
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| 190 | | - | |
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| 193 | | - | Page 6 of 10 |
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| 194 | | - | 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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| 195 | | - | |
|---|
| 196 | | - | |
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| 197 | | - | |
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| 198 | | - | (b) Establish standards of practice for public and 125 |
|---|
| 199 | | - | professional guardians by rule, in consultation with 126 |
|---|
| 200 | | - | professional guardianship associations and other interested 127 |
|---|
| 201 | | - | stakeholders, no later than October 1, 2016. The executive 128 |
|---|
| 202 | | - | director shall provide a draft of the standards to the Governor, 129 |
|---|
| 203 | | - | the Legislature, and the secretary for review by August 1, 2016 . 130 |
|---|
| 204 | | - | (c) Review and approve the standards and criteria for the 131 |
|---|
| 205 | | - | education, registration, and certification of public and 132 |
|---|
| 206 | | - | professional guardians in Florida. 133 |
|---|
| 207 | | - | (d) Offer and make available online an education course to 134 |
|---|
| 208 | | - | satisfy the requirements of s. 744.3145(2). 135 |
|---|
| 209 | | - | (e) Produce and make available information about 136 |
|---|
| 210 | | - | alternatives to and types of guardianship for dissemination by 137 |
|---|
| 211 | | - | area agencies on aging as defined in s. 430.203 and aging 138 |
|---|
| 212 | | - | resource centers as described in s. 430.2053. 139 |
|---|
| 213 | | - | (3) The executive director's oversight responsibilities of 140 |
|---|
| 214 | | - | professional guardians must be finalized by October 1, 2016, and 141 |
|---|
| 215 | | - | shall include, but are not limited to: 142 |
|---|
| 216 | | - | (a) Developing and implementing a monitoring tool to 143 |
|---|
| 217 | | - | ensure compliance of professional guardians with the standards 144 |
|---|
| 218 | | - | of practice established by the Office of Public and Professional 145 |
|---|
| 219 | | - | Guardians. This monitoring tool may not include a financial 146 |
|---|
| 220 | | - | audit as required by the clerk of the circuit co urt under s. 147 |
|---|
| 221 | | - | 744.368. 148 |
|---|
| 222 | | - | |
|---|
| 223 | | - | CS/HB 1411 2023 |
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| 224 | | - | |
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| 225 | | - | |
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| 226 | | - | |
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| 227 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 229 | | - | Page 7 of 10 |
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| 230 | | - | 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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| 231 | | - | |
|---|
| 232 | | - | |
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| 233 | | - | |
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| 234 | | - | (b) Developing procedures, in consultation with 149 |
|---|
| 235 | | - | professional guardianship associations and other interested 150 |
|---|
| 236 | | - | stakeholders, for the review of an allegation that a 151 |
|---|
| 237 | | - | professional guardian has violated the standards of practice 152 |
|---|
| 238 | | - | established by the Office of Public and Professional Guardians 153 |
|---|
| 239 | | - | governing the conduct of professional guardians. 154 |
|---|
| 240 | | - | (c) Establishing disciplinary proceedings, conducting 155 |
|---|
| 241 | | - | hearings, and taking administrative action pursuant to chapter 156 |
|---|
| 242 | | - | 120. 157 |
|---|
| 243 | | - | Section 4. Subsection (3) of section 744.2003, Florida 158 |
|---|
| 244 | | - | Statutes, is amended to read: 159 |
|---|
| 245 | | - | 744.2003 Regulation of professional guardians; 160 |
|---|
| 246 | | - | application; bond required; educational requirements. — 161 |
|---|
| 247 | | - | (3) Each professional guardian as defined in s. 162 |
|---|
| 248 | | - | 744.102(17) and public guardian must receiv e a minimum of 40 163 |
|---|
| 249 | | - | hours of instruction and training. Each professional guardian 164 |
|---|
| 250 | | - | must receive a minimum of 30 16 hours of continuing education 165 |
|---|
| 251 | | - | every 2 calendar years after the year in which the initial 40 -166 |
|---|
| 252 | | - | hour educational requirement is met. The continuing education 167 |
|---|
| 253 | | - | must include at least 2 hours on fiduciary responsibilities; 2 168 |
|---|
| 254 | | - | hours on professional ethics; 1 hour on advance directives; 3 169 |
|---|
| 255 | | - | hours on abuse, neglect, and exploitation; and 4 hours on 170 |
|---|
| 256 | | - | guardianship law. The instruction and education must be 171 |
|---|
| 257 | | - | completed through a course approved or offered by the Office of 172 |
|---|
| 258 | | - | Public and Professional Guardians. The expenses incurred to 173 |
|---|
| 259 | | - | |
|---|
| 260 | | - | CS/HB 1411 2023 |
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| 261 | | - | |
|---|
| 262 | | - | |
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| 263 | | - | |
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| 267 | | - | 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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| 268 | | - | |
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| 269 | | - | |
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| 270 | | - | |
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| 271 | | - | satisfy the educational requirements prescribed in this section 174 |
|---|
| 272 | | - | may not be paid with the assets of any ward. This subsection 175 |
|---|
| 273 | | - | does not apply to any attorney who is licensed to practice law 176 |
|---|
| 274 | | - | in this state or an institution acting as guardian under s. 177 |
|---|
| 275 | | - | 744.2002(7). 178 |
|---|
| 276 | | - | Section 5. Subsections (1) and (6) of section 744.2004, 179 |
|---|
| 277 | | - | Florida Statutes, are amended to read: 180 |
|---|
| 278 | | - | 744.2004 Complaints; disciplinary proceedings; penalties; 181 |
|---|
| 279 | | - | enforcement.— 182 |
|---|
| 280 | | - | (1) By October 1, 2016, The Office of Public and 183 |
|---|
| 281 | | - | Professional Guardians shall establish procedures to: 184 |
|---|
| 282 | | - | (a) Review and, if determined legally sufficient, initiate 185 |
|---|
| 283 | | - | an investigation within 10 business days after receipt of 186 |
|---|
| 284 | | - | investigate any complaint that a professional guardian has 187 |
|---|
| 285 | | - | violated the standards of practice established by the Office of 188 |
|---|
| 286 | | - | Public and Professional Guardians governing the conduct of 189 |
|---|
| 287 | | - | professional guardians. A complaint is legally sufficient if it 190 |
|---|
| 288 | | - | contains ultimate facts that show a violation of a standard of 191 |
|---|
| 289 | | - | practice by a professional guardian has occurred. 192 |
|---|
| 290 | | - | (b) Notify the complainant Initiate an investigation no 193 |
|---|
| 291 | | - | later than 10 business days after the Office of Public and 194 |
|---|
| 292 | | - | Professional Guardians determines that a complaint is not 195 |
|---|
| 293 | | - | legally sufficient receives a complaint . 196 |
|---|
| 294 | | - | (c) Complete and provide initial investigative findings 197 |
|---|
| 295 | | - | and recommendations, if any, to the professional guardian and 198 |
|---|
| 296 | | - | |
|---|
| 297 | | - | CS/HB 1411 2023 |
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| 298 | | - | |
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| 299 | | - | |
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| 300 | | - | |
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| 304 | | - | 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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| 305 | | - | |
|---|
| 306 | | - | |
|---|
| 307 | | - | |
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| 308 | | - | the person who filed the complaint within 45 60 days after 199 |
|---|
| 309 | | - | receipt of a complaint. 200 |
|---|
| 310 | | - | (d) Obtain supporting information or documentation to 201 |
|---|
| 311 | | - | determine the legal sufficiency of a complaint. 202 |
|---|
| 312 | | - | (e) Interview a ward, a family member, or an interested 203 |
|---|
| 313 | | - | party to determine the legal sufficiency of a complaint. 204 |
|---|
| 314 | | - | (f) Dismiss any complaint if, at any time after legal 205 |
|---|
| 315 | | - | sufficiency is determined, it is found there is insufficient 206 |
|---|
| 316 | | - | evidence to support the allegations contained in the complaint. 207 |
|---|
| 317 | | - | (g) Within 10 business days after completing an 208 |
|---|
| 318 | | - | investigation, provide to the complaina nt and the professional 209 |
|---|
| 319 | | - | guardian a written statement specifying any finding of a 210 |
|---|
| 320 | | - | violation of a standard of practice by the professional guardian 211 |
|---|
| 321 | | - | and any actions taken, or specifying that no such violation was 212 |
|---|
| 322 | | - | found, as applicable. 213 |
|---|
| 323 | | - | (h)(g) Coordinate, to the greatest extent possible, with 214 |
|---|
| 324 | | - | the clerks of court to avoid duplication of duties with regard 215 |
|---|
| 325 | | - | to the financial audits prepared by the clerks pursuant to s. 216 |
|---|
| 326 | | - | 744.368. 217 |
|---|
| 327 | | - | (6) By October 1, 2016, The Department of Elderly Affairs 218 |
|---|
| 328 | | - | shall adopt rules to implem ent the provisions of this section. 219 |
|---|
| 329 | | - | Section 6. Subsection (4) of section 744.3145, Florida 220 |
|---|
| 330 | | - | Statutes, is amended to read: 221 |
|---|
| 331 | | - | 744.3145 Guardian education requirements. — 222 |
|---|
| 332 | | - | (4) Each person appointed by the court to be a guardian 223 |
|---|
| 333 | | - | |
|---|
| 334 | | - | CS/HB 1411 2023 |
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| 335 | | - | |
|---|
| 336 | | - | |
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| 337 | | - | |
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| 341 | | - | 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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| 342 | | - | |
|---|
| 343 | | - | |
|---|
| 344 | | - | |
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| 345 | | - | must complete the required n umber of hours of instruction and 224 |
|---|
| 346 | | - | education within 4 months after his or her appointment as 225 |
|---|
| 347 | | - | guardian. The instruction and education must be completed 226 |
|---|
| 348 | | - | through a course approved by the chief judge of the circuit 227 |
|---|
| 349 | | - | court and taught by a court -approved organization or through a 228 |
|---|
| 350 | | - | course offered by the Office of Public and Professional 229 |
|---|
| 351 | | - | Guardians under s. 744.2001 . Court-approved organizations may 230 |
|---|
| 352 | | - | include, but are not limited to, community or junior colleges, 231 |
|---|
| 353 | | - | guardianship organizations, and the local bar association or The 232 |
|---|
| 354 | | - | Florida Bar. 233 |
|---|
| 355 | | - | Section 7. Subsection (8) is added to section 744.368, 234 |
|---|
| 356 | | - | Florida Statutes, to read: 235 |
|---|
| 357 | | - | 744.368 Responsibilities of the clerk of the circuit 236 |
|---|
| 358 | | - | court.— 237 |
|---|
| 359 | | - | (8) Within 10 business days after the court imposes any 238 |
|---|
| 360 | | - | sanctions on a professional g uardian, including, but not limited 239 |
|---|
| 361 | | - | to, contempt of court or removal of the professional guardian, 240 |
|---|
| 362 | | - | the clerk shall report such actions to the Office of Public and 241 |
|---|
| 363 | | - | Professional Guardians. 242 |
|---|
| 364 | | - | Section 8. This act shall take effect July 1, 2023. 243 |
|---|
| 125 | + | agency in the clearinghouse created under s. 435.12, The 76 |
|---|
| 126 | + | provider shall forward the volunteer information to the 77 |
|---|
| 127 | + | Department of Elderly Af fairs if the volunteer is not listed in 78 |
|---|
| 128 | + | either database specified in subparagraph 1 . The department must 79 |
|---|
| 129 | + | then perform a check of the clearinghouse. If a disqualification 80 |
|---|
| 130 | + | is identified in the clearinghouse, the volunteer must undergo 81 |
|---|
| 131 | + | level 2 background scre ening pursuant to chapter 435 and this 82 |
|---|
| 132 | + | section. 83 |
|---|
| 133 | + | (3) Until the department is participating as a specified 84 |
|---|
| 134 | + | agency in the clearinghouse created under s. 435.12, the 85 |
|---|
| 135 | + | department may not require additional level 2 screening if the 86 |
|---|
| 136 | + | individual is qualified for l icensure or employment by the 87 |
|---|
| 137 | + | Agency for Health Care Administration pursuant to the agency's 88 |
|---|
| 138 | + | background screening standards under s. 408.809 and the 89 |
|---|
| 139 | + | individual is providing a service that is within the scope of 90 |
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| 140 | + | his or her licensed practice or employment. 91 |
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| 141 | + | Section 3. This act shall take effect July 1, 2023. 92 |
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