HB 933 2025
CODING: Words stricken are deletions; words underlined are additions.
hb933-00
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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
A bill to be entitled 1
An act relating to guardianship; amending s. 744.2005, 2
F.S.; requiring that an order appointing a guardian 3
identify the persons entitled to certain information 4
upon the incapacitated person's death; authorizing 5
that an order appointing a guardian identify the 6
persons entitled to notice if the incapacitated person 7
is transferred to a medical facility and persons 8
entitled to visit the incapacitated person; providin g 9
construction; amending s. 744.361, F.S.; authorizing a 10
guardian to restrict the ability of a minor ward to 11
maintain certain contacts in certain circumstances; 12
authorizing a guardian to restrict the ability of an 13
adult ward to maintain contact with a pers on in 14
certain circumstances; requiring a guardian to provide 15
a ward with a notice of a change in residential 16
setting in certain circumstances; requiring a guardian 17
to provide notice to any person identified in an order 18
of appointment; providing an effectiv e date. 19
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Be It Enacted by the Legislature of the State of Florida: 21
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Section 1. Subsections (3) through (7) of section 23
744.2005, Florida Statutes, are renumbered as subsections (4) 24
through (8), respectively, subsection (2) and present subsection 25
HB 933 2025
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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
(3) are amended, and a new subsection (3) is added to that 26
section, to read: 27
744.2005 Order of appointment. — 28
(2) The order appointing a guardian must : 29
(a) State the nature of the guardianship as either plenary 30
or limited. If limited, the order must st ate that the guardian 31
may exercise only those delegable rights which have been removed 32
from the incapacitated person and specifically delegated to the 33
guardian. 34
(b) The order shall State the specific powers and duties 35
of the guardian. 36
(c) Identify the persons entitled to receive notice of the 37
following information, when such information is known or can be 38
reasonably ascertained by the guardian: 39
1. The incapacitated person's death. 40
2. The intended disposition of the remains of the 41
decedent. 42
3. The funeral arrangements for the decedent. 43
4. The final resting place of the decedent. 44
(d)(3) The order appointing a guardian must Be consistent 45
with the incapacitated person's welfare and safety, must be the 46
least restrictive appropriate alternative, and must reserve to 47
the incapacitated person the right to make decisions in all 48
matters commensurate with the person's ability to do so. 49
(3) The order appointing a guardian may: 50
HB 933 2025
CODING: Words stricken are deletions; words underlined are additions.
hb933-00
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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
(a) Identify the persons entitled to notice of the 51
incapacitated person's transfer to a medical facility. 52
(b) Identify the persons entitled to visit the 53
incapacitated person. However, the identification of such 54
persons in the order does not limit the persons entitled to 55
visit the incapacitated person. 56
Section 2. Paragraphs (b) and (h) of subsection (13) of 57
section 744.361, Florida Statutes, are amended, and paragraph 58
(k) is added to that subsection, to read: 59
744.361 Powers and duties of guardian. — 60
(13) Recognizing that every individual has unique needs 61
and abilities, a guardian who is given authority over a ward's 62
person shall, as appropriate under the circumstances: 63
(b) Allow the ward to maintain contact with family and 64
friends. If the ward is a minor, the guardian may restrict the 65
ability of the ward to maintain any contact that the guardian 66
believes may cause harm to the ward. If the ward is an adult, 67
the guardian may restrict the ability of the ward to maintain 68
contact with a specified person if the guardian has good cause 69
to believe that interaction with the person poses a risk of 70
significant physical, psychological, or financial harm to the 71
ward and the restriction is: 72
1. For a period of not more than 7 business days, if the 73
person has a family or preexisting social relationship with the 74
ward; 75
HB 933 2025
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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
2. For a period of not more than 60 days, if the person 76
does not have a family or preexisting social relationship with 77
the ward; or 78
3. Authorized by specific order of the court unless the 79
guardian believes that such contact may cause harm to the ward . 80
(h) Evaluate the ward's medical and health care options, 81
financial resources, and desires when making residential 82
decisions that are best suited for the current needs of the 83
ward. The guardian must provide the ward with notice of a change 84
in residential setting at least 14 days before the change occurs 85
if the new residential setting will be more restrictive than the 86
ward's current residential setting. Such notice is not required 87
if the change in residential setting is authorized by the 88
guardianship plan or a court order. 89
(k) Provide appropriate notice to any person identified in 90
an order of appointment. 91
Section 3. This act shall take effect July 1, 2025. 92