Florida 2025 Regular Session

Florida House Bill H0933 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 933 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	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	14	A bill to be entitled 1
15	15	An act relating to guardianship; amending s. 744.2005, 2
16	16	F.S.; requiring that an order appointing a guardian 3
17	17	identify the persons entitled to certain information 4
18	18	upon the incapacitated person's death; authorizing 5
19	19	that an order appointing a guardian identify the 6
20	20	persons entitled to notice if the incapacitated person 7
21	21	is transferred to a medical facility and persons 8
22	22	entitled to visit the incapacitated person; providin g 9
23	23	construction; amending s. 744.361, F.S.; authorizing a 10
24	24	guardian to restrict the ability of a minor ward to 11
25	25	maintain certain contacts in certain circumstances; 12
26	26	authorizing a guardian to restrict the ability of an 13
27	27	adult ward to maintain contact with a pers on in 14
28	28	certain circumstances; requiring a guardian to provide 15
29	29	a ward with a notice of a change in residential 16
30	30	setting in certain circumstances; requiring a guardian 17
31	31	to provide notice to any person identified in an order 18
32	32	of appointment; providing an effectiv e date. 19
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34	34	Be It Enacted by the Legislature of the State of Florida: 21
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36	36	Section 1. Subsections (3) through (7) of section 23
37	37	744.2005, Florida Statutes, are renumbered as subsections (4) 24
38	38	through (8), respectively, subsection (2) and present subsection 25
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40	40	HB 933 2025
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	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	51	(3) are amended, and a new subsection (3) is added to that 26
52	52	section, to read: 27
53	53	744.2005 Order of appointment. — 28
54	54	(2) The order appointing a guardian must : 29
55	55	(a) State the nature of the guardianship as either plenary 30
56	56	or limited. If limited, the order must st ate that the guardian 31
57	57	may exercise only those delegable rights which have been removed 32
58	58	from the incapacitated person and specifically delegated to the 33
59	59	guardian. 34
60	60	(b) The order shall State the specific powers and duties 35
61	61	of the guardian. 36
62	62	(c) Identify the persons entitled to receive notice of the 37
63	63	following information, when such information is known or can be 38
64	64	reasonably ascertained by the guardian: 39
65	65	1. The incapacitated person's death. 40
66	66	2. The intended disposition of the remains of the 41
67	67	decedent. 42
68	68	3. The funeral arrangements for the decedent. 43
69	69	4. The final resting place of the decedent. 44
70	70	(d)(3) The order appointing a guardian must Be consistent 45
71	71	with the incapacitated person's welfare and safety, must be the 46
72	72	least restrictive appropriate alternative, and must reserve to 47
73	73	the incapacitated person the right to make decisions in all 48
74	74	matters commensurate with the person's ability to do so. 49
75	75	(3) The order appointing a guardian may: 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	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	88	(a) Identify the persons entitled to notice of the 51
89	89	incapacitated person's transfer to a medical facility. 52
90	90	(b) Identify the persons entitled to visit the 53
91	91	incapacitated person. However, the identification of such 54
92	92	persons in the order does not limit the persons entitled to 55
93	93	visit the incapacitated person. 56
94	94	Section 2. Paragraphs (b) and (h) of subsection (13) of 57
95	95	section 744.361, Florida Statutes, are amended, and paragraph 58
96	96	(k) is added to that subsection, to read: 59
97	97	744.361 Powers and duties of guardian. — 60
98	98	(13) Recognizing that every individual has unique needs 61
99	99	and abilities, a guardian who is given authority over a ward's 62
100	100	person shall, as appropriate under the circumstances: 63
101	101	(b) Allow the ward to maintain contact with family and 64
102	102	friends. If the ward is a minor, the guardian may restrict the 65
103	103	ability of the ward to maintain any contact that the guardian 66
104	104	believes may cause harm to the ward. If the ward is an adult, 67
105	105	the guardian may restrict the ability of the ward to maintain 68
106	106	contact with a specified person if the guardian has good cause 69
107	107	to believe that interaction with the person poses a risk of 70
108	108	significant physical, psychological, or financial harm to the 71
109	109	ward and the restriction is: 72
110	110	1. For a period of not more than 7 business days, if the 73
111	111	person has a family or preexisting social relationship with the 74
112	112	ward; 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	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	125	2. For a period of not more than 60 days, if the person 76
126	126	does not have a family or preexisting social relationship with 77
127	127	the ward; or 78
128	128	3. Authorized by specific order of the court unless the 79
129	129	guardian believes that such contact may cause harm to the ward . 80
130	130	(h) Evaluate the ward's medical and health care options, 81
131	131	financial resources, and desires when making residential 82
132	132	decisions that are best suited for the current needs of the 83
133	133	ward. The guardian must provide the ward with notice of a change 84
134	134	in residential setting at least 14 days before the change occurs 85
135	135	if the new residential setting will be more restrictive than the 86
136	136	ward's current residential setting. Such notice is not required 87
137	137	if the change in residential setting is authorized by the 88
138	138	guardianship plan or a court order. 89
139	139	(k) Provide appropriate notice to any person identified in 90
140	140	an order of appointment. 91
141	141	Section 3. This act shall take effect July 1, 2025. 92