Florida 2025 Regular Session

Florida House Bill H1457 Compare Versions

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

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3	3	HB 1457 2025
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8	8	hb1457-00
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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 aging and disability services; 2
16	16	repealing s. 400.0067, F.S., relating to the State 3
17	17	Long-Term Care Ombudsman Council; amending s. 409.979, 4
18	18	F.S.; revising requirements for Medicaid recipients to 5
19	19	receive an offer for enrollment for long -term care 6
20	20	services; requiring the Department of Elderly Affairs 7
21	21	to maintain a statewide preenrollment list for certain 8
22	22	services; requiring aging and disability resource 9
23	23	center personnel to place individuals on certain 10
24	24	lists; requiring certain staff to administ er 11
25	25	rescreening under certain circumstances; amending s. 12
26	26	430.03, F.S.; revising the purposes of the Department 13
27	27	of Elderly Affairs to include providing direct 14
28	28	services to the elderly population under certain 15
29	29	circumstances; amending s. 430.04, F.S.; revising the 16
30	30	duties and responsibilities of the department to 17
31	31	include designating area agencies on aging; creating 18
32	32	s. 430.09, F.S.; providing requirements for area 19
33	33	agencies on aging expenditures; prohibiting an 20
34	34	administrative employee of an area agency on aging 21
35	35	from receiving a specified salary amount; providing 22
36	36	construction; amending s. 430.203, F.S.; revising and 23
37	37	providing definitions; amending s. 430.204, F.S.; 24
38	38	removing certain funding responsibilities of the 25
39	39
40	40	HB 1457 2025
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42	42
43	43
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45	45	hb1457-00
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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
48	48
49	49
50	50
51	51	department and certain entities; removing 26
52	52	responsibility of provider agencies to collect and 27
53	53	assess fees for certain services; amending s. 430.205, 28
54	54	F.S.; removing certain funding responsibilities of the 29
55	55	department; revising frequency of inservice training 30
56	56	for certain providers; revising the term "primary 31
57	57	consideration" to "priority consideration"; amending 32
58	58	s. 430.2053, F.S.; redesignating aging resource 33
59	59	centers as aging and disability resource centers; 34
60	60	authorizing aging and disability resource centers to 35
61	61	place and remove certain individuals on or from 36
62	62	preenrollment lists; removing a requirement for 37
63	63	convening a work group for certain purposes; removing 38
64	64	a requirement for an aging and disability resource 39
65	65	center to provide enrollment and coverage information 40
66	66	to certain individuals; requiring the aging and 41
67	67	disability resource center to receive a waiver to be 42
68	68	the provider of other direct services; revising the 43
69	69	program to which the department and the agency on 44
70	70	aging may not make payments; removing an eligibility 45
71	71	requirement for an area agency on aging to transition 46
72	72	to an aging resource center; revising who the 47
73	73	department may consult with to develop capitation 48
74	74	rates; amending s. 430.503, F.S.; removing the 49
75	75	responsibility of provider agencies to collect and 50
76	76
77	77	HB 1457 2025
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80	80
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
85	85
86	86
87	87
88	88	assess fees for certain purposes; amending s. 430.602, 51
89	89	F.S.; defining the term "functionally impaired elderly 52
90	90	person"; amending s. 430.605, F.S.; revising certain 53
91	91	subsidy payments to include food and nutritional 54
92	92	supplements; creating s. 430.71, F.S.; providing 55
93	93	purpose and legislative intent for the Florida 56
94	94	Alzheimer's Center of Excellence; providing 57
95	95	definitions; providing powers and duties of the 58
96	96	center; providing eligibility requirements for 59
97	97	services; amending s. 430.901, F.S.; conforming 60
98	98	provisions to changes made by the act; amending s. 61
99	99	744.2001, F.S.; removing a requ irement for the 62
100	100	executive director of the Office of Public and 63
101	101	Professional Guardians to report to the Secretary of 64
102	102	Elderly Affairs amending s. 744.2003, F.S.; revising 65
103	103	the amount of a specified bond maintained by a 66
104	104	guardian for certain purposes; requiring the court to 67
105	105	enter a written order waiving the bond requirement and 68
106	106	include reasons for waiver under certain 69
107	107	circumstances; amending ss. 744.2004 and 744.20041, 70
108	108	F.S.; revising disciplinary actions; creating s. 71
109	109	744.20061, F.S.; providing requirements for a n entity 72
110	110	to serve as an office of public guardian; providing 73
111	111	definitions; requiring a board member, a director, or 74
112	112	an officer of an office of public guardian to disclose 75
113	113
114	114	HB 1457 2025
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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
122	122
123	123
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125	125	any conflict of interest to the office's board; 76
126	126	providing that a conflict of interest in a contract 77
127	127	must to be noticed and voted on; providing 78
128	128	requirements for certain contracts; providing 79
129	129	penalties; amending s. 744.2103, F.S.; revising 80
130	130	requirements for a required independent audit for each 81
131	131	office of public guardian; amending s. 744.2104, F .S.; 82
132	132	providing requirements for Office of Public and 83
133	133	Professional Guardians in conducting certain 84
134	134	investigations; amending s. 744.351, F.S.; requiring a 85
135	135	court to enter a written order with specified 86
136	136	information when waiving a certain bond; amending s. 87
137	137	744.361, F.S.; revising powers and duties of a 88
138	138	guardian; amending s. 744.3701, F.S.; authorizing a 89
139	139	clerk of court to disclose certain confidential 90
140	140	information to the Department of Elderly Affairs under 91
141	141	certain circumstances; amending s. 744.441, F.S.; 92
142	142	revising requirements for the sale of any real or 93
143	143	personal property by a guardian; creating s. 744.448, 94
144	144	F.S.; providing requirements for the sale of a ward's 95
145	145	real property; amending ss. 400.0060, 400.0065, 96
146	146	400.0073, 400.0075, 400.0087, and 430.504, F.S.; 97
147	147	conforming a provision to changes made by the act; 98
148	148	providing an effective date. 99
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151	151	HB 1457 2025
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158	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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160	160
161	161
162	162	Be It Enacted by the Legislature of the State of Florida: 101
163	163	102
164	164	Section 1. Section 400.0067, Florida Statutes, is 103
165	165	repealed. 104
166	166	Section 2. Subsections (2) and (3) of section 409.979 , 105
167	167	Florida Statutes, are amended to read: 106
168	168	409.979 Eligibility. — 107
169	169	(2) ENROLLMENT OFFERS. —Subject to the availability of 108
170	170	funds, the Department of Elderly Affairs shall make offers for 109
171	171	enrollment to eligible individuals based on a wait -list 110
172	172	prioritization. Before making enrollment offers, the agency and 111
173	173	the Department of Elderly Affairs shall determine that 112
174	174	sufficient funds exist to support additional enrollment into 113
175	175	plans. 114
176	176	(a) A Medicaid recipient enrolled in one of the following 115
177	177	Medicaid home and communi ty-based services waiver programs who 116
178	178	meets the eligibility criteria established in subsection (1) is 117
179	179	eligible to participate in the long -term care managed care 118
180	180	program and must be transitioned into the long -term care managed 119
181	181	care program by January 1, 201 8: 120
182	182	1. Traumatic Brain and Spinal Cord Injury Waiver. 121
183	183	2. Adult Cystic Fibrosis Waiver. 122
184	184	3. Project AIDS Care Waiver. 123
185	185	(b) The agency shall seek federal approval to terminate 124
186	186	the Traumatic Brain and Spinal Cord Injury Waiver, the Adult 125
187	187
188	188	HB 1457 2025
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191	191
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193	193	hb1457-00
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195	195	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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197	197
198	198
199	199	Cystic Fibrosis Waiver, and the Project AIDS Care Waiver once 126
200	200	all eligible Medicaid recipients have transitioned into the 127
201	201	long-term care managed care program. 128
202	202	(3) PREENROLLMENT WAIT LIST, RELEASE, AND OFFER PROCESS. —129
203	203	The Department of Elderly Affairs shall maintain a sta tewide 130
204	204	preenrollment wait list for enrollment for home and community -131
205	205	based services through the long -term care managed care program. 132
206	206	(a) The Department of Elderly Affairs shall prioritize 133
207	207	individuals for potential enrollment for home and community -134
208	208	based services through the long -term care managed care program 135
209	209	using a frailty-based screening or assessment tool that results 136
210	210	in a priority score. The priority score is used to set an order 137
211	211	for releasing individuals from the preenrollment wait list for 138
212	212	potential enrollment in the long -term care managed care program. 139
213	213	If capacity is limited for individuals with identical priority 140
214	214	scores, the individual with the oldest date of placement on the 141
215	215	preenrollment wait list shall receive priority for release. 142
216	216	1. Pursuant to s. 430.2053, aging and disability resource 143
217	217	center personnel certified by the Department of Elderly Affairs 144
218	218	shall perform the screening or assessment for each individual 145
219	219	requesting enrollment for home and community -based services 146
220	220	through the long-term care managed care program. Aging and 147
221	221	disability resource center personnel shall place an individual 148
222	222	on all appropriate preenrollment lists. The Department of 149
223	223	Elderly Affairs shall request that the individual or the 150
224	224
225	225	HB 1457 2025
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232	232	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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234	234
235	235
236	236	individual's authorized representative pr ovide alternate contact 151
237	237	names and contact information. 152
238	238	2. The individual requesting the long-term care services, 153
239	239	or the individual's authorized representative, must participate 154
240	240	in an initial screening or assessment rescreening for placement 155
241	241	on the preenrollment wait list. The screening or rescreening 156
242	242	must be completed in its entirety before placement on the 157
243	243	preenrollment wait list. 158
244	244	3. Pursuant to s. 430.2053, staff authorized and certified 159
245	245	by the Department of Elderly Affairs, including aging resource 160
246	246	center personnel, shall administer rescreening annually or upon 161
247	247	notification of a significant change in an individual's 162
248	248	circumstances for an individual with a high priority score. 163
249	249	Aging and disability resource center personnel may administer 164
250	250	rescreening annually or upon notification of a significant 165
251	251	change in an individual's circumstances for an individual with a 166
252	252	low priority score. 167
253	253	4. The Department of Elderly Affairs shall adopt by rule a 168
254	254	screening tool that generates the priority score and shall m ake 169
255	255	publicly available on its website the specific methodology used 170
256	256	to calculate an individual's priority score. 171
257	257	(b) Upon completion of the screening or rescreening 172
258	258	process, the Department of Elderly Affairs shall notify the 173
259	259	individual or the individual' s authorized representative that 174
260	260	the individual has been placed on the preenrollment wait list, 175
261	261
262	262	HB 1457 2025
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269	269	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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271	271
272	272
273	273	unless the individual has a low priority score. The Department 176
274	274	of Elderly Affairs must maintain contact information for each 177
275	275	individual with a low priority scor e for purposes of any future 178
276	276	rescreening. Aging and disability resource center personnel 179
277	277	shall inform individuals with low priority scores of community 180
278	278	resources available to assist them and inform them that they may 181
279	279	contact the aging and disability resource center for a new 182
280	280	assessment at any time if they experience a change in 183
281	281	circumstances. 184
282	282	(c) If the Department of Elderly Affairs is unable to 185
283	283	contact the individual or the individual's authorized 186
284	284	representative to schedule an initial screening or rescre ening, 187
285	285	and documents the actions taken to make such contact, it shall 188
286	286	send a letter to the last documented address of the individual 189
287	287	or the individual's authorized representative. The letter must 190
288	288	advise the individual or his or her authorized representativ e 191
289	289	that he or she must contact the Department of Elderly Affairs 192
290	290	within 30 calendar days after the date of the notice to schedule 193
291	291	a screening or rescreening and must notify the individual that 194
292	292	failure to complete the screening or rescreening will result in 195
293	293	his or her termination from the screening process and the 196
294	294	preenrollment wait list. 197
295	295	(d) After notification by the agency of available 198
296	296	capacity, the CARES program shall conduct a prerelease 199
297	297	assessment. The Department of Elderly Affairs shall release 200
298	298
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306	306	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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310	310	individuals from the preenrollment wait list based on the 201
311	311	priority scoring process and prerelease assessment results. Upon 202
312	312	release, individuals who meet all eligibility criteria may 203
313	313	enroll in the long-term care managed care program. 204
314	314	(e) The Department of Elderly Affairs may terminate an 205
315	315	individual's inclusion on the preenrollment wait list if the 206
316	316	individual: 207
317	317	1. Does not have a current priority score due to the 208
318	318	individual's action or inaction; 209
319	319	2. Requests to be removed from the preenrollment wait 210
320	320	list; 211
321	321	3. Does not keep an appointment to complete the 212
322	322	rescreening without scheduling another appointment and has not 213
323	323	responded to three documented attempts by the Department of 214
324	324	Elderly Affairs to contact the individual; 215
325	325	4. Receives an offer to begin the eligibility 216
326	326	determination process for the long -term care managed care 217
327	327	program; or 218
328	328	5. Begins receiving services through the long -term care 219
329	329	managed care program. 220
330	330	221
331	331	An individual whose inclusion on the preenrollment wait list is 222
332	332	terminated must initiate a new request for placement on the 223
333	333	preenrollment wait list, and any previous priority 224
334	334	considerations must be disregarded. 225
335	335
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343	343	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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347	347	(f) Notwithstanding this subsection, the following 226
348	348	individuals are afforded priority enrollment for home and 227
349	349	community-based services through the long -term care managed care 228
350	350	program and do not have to complete the screening or 229
351	351	preenrollment list wait-list process if all other long -term care 230
352	352	managed care program eligibility requirements are met: 231
353	353	1. An individual who is 18, 19, or 20 years of age who has 232
354	354	a chronic debilitating disease or condition of one or more 233
355	355	physiological or organ systems which generally make the 234
356	356	individual dependent upon 24 -hour-per-day medical, nursing, or 235
357	357	health supervision or intervention. 236
358	358	2. A nursing facility resident who requests to transition 237
359	359	into the community and who has resided in a Florida -licensed 238
360	360	skilled nursing facility for at least 60 consecutive days. 239
361	361	3. An individual who is referred by the Department of 240
362	362	Children and Families pursu ant to the Adult Protective Services 241
363	363	Act, ss. 415.101-415.113, as high risk and who is placed in an 242
364	364	assisted living facility temporarily funded by the Department of 243
365	365	Children and Families. 244
366	366	(g) The Department of Elderly Affairs and the agency may 245
367	367	adopt rules to implement this subsection. 246
368	368	Section 3. Subsection (7) of section 430.03, Florida 247
369	369	Statutes, is amended to read: 248
370	370	430.03 Purposes.—The purposes of the Department of Elderly 249
371	371	Affairs are to: 250
372	372
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380	380	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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384	384	(7) Oversee implementation of federally funded and state -251
385	385	funded programs and services for the state's elderly population 252
386	386	and provide direct services to the state's elderly population 253
387	387	when the department determines it appropriate and necessary . 254
388	388	Section 4. Subsection (2) of section 430.04, Florida 255
389	389	Statutes, is amended to read: 256
390	390	430.04 Duties and responsibilities of the Department of 257
391	391	Elderly Affairs.—The Department of Elderly Affairs shall: 258
392	392	(2) Designate area agencies on aging, as authorized under 259
393	393	the Older Americans Act of 1965, and be responsible for ensuri ng 260
394	394	that each area agency on aging operates in a manner to ensure 261
395	395	that the elderly of this state receive the best services 262
396	396	possible. The department shall rescind designation of an area 263
397	397	agency on aging or take intermediate measures against the 264
398	398	agency, including corrective action, unannounced special 265
399	399	monitoring, temporary assumption of operation of one or more 266
400	400	programs by the department, placement on probationary status, 267
401	401	imposing a moratorium on agency action, imposing financial 268
402	402	penalties for nonperformance, o r other administrative action 269
403	403	pursuant to chapter 120, if the department finds that: 270
404	404	(a) An intentional or negligent act of the agency has 271
405	405	materially affected the health, welfare, or safety of clients, 272
406	406	or substantially and negatively affected the operati on of an 273
407	407	aging services program. 274
408	408	(b) The agency lacks financial stability sufficient to 275
409	409
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417	417	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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421	421	meet contractual obligations or that contractual funds have been 276
422	422	misappropriated. 277
423	423	(c) The agency has committed multiple or repeated 278
424	424	violations of legal and regulato ry requirements or department 279
425	425	standards. 280
426	426	(d) The agency has failed to continue the provision or 281
427	427	expansion of services after the declaration of a state of 282
428	428	emergency. 283
429	429	(e) The agency has exceeded its authority or otherwise 284
430	430	failed to adhere to the terms of its contract with the 285
431	431	department or has exceeded its authority or otherwise failed to 286
432	432	adhere to the provisions specifically provided by statute or 287
433	433	rule adopted by the department. 288
434	434	(f) The agency has failed to properly determine client 289
435	435	eligibility as defined by the department . 290
436	436	(g) The agency has failed to or efficiently manage program 291
437	437	budgets. 292
438	438	(h)(g) The agency has failed to implement and maintain a 293
439	439	department-approved client grievance resolution procedure. 294
440	440	Section 5. Section 430.09, Florida Statut es, is created to 295
441	441	read: 296
442	442	430.09 Area agencies on aging expenditures. — 297
443	443	(1) The procurement of commodities or contractual services 298
444	444	by an area agency on aging and its subcontractors is governed by 299
445	445	the financial guidelines developed by the department and mu st 300
446	446
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454	454	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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456	456
457	457
458	458	comply with applicable state and federal law and follow good 301
459	459	business practices. 302
460	460	(a) In accordance with s. 287.017(2), area agencies on 303
461	461	aging shall competitively procure all contracts with related 304
462	462	parties. 305
463	463	(b) Financial consequences as established b y the 306
464	464	department and incorporated into the contract, must be imposed 307
465	465	by the department for noncompliance with applicable local, 308
466	466	state, or federal law for the procurement of commodities or 309
467	467	contractual services. 310
468	468	(2) Notwithstanding any other provision of l aw, an 311
469	469	administrative employee of an area agency on aging may not 312
470	470	receive a salary, whether base pay or base pay combined with any 313
471	471	bonus or incentive payments, in excess of 150 percent of the 314
472	472	annual salary paid to the secretary of the Department of Elderly 315
473	473	Affairs from state-appropriated funds, including state -316
474	474	appropriated federal funds. This limitation applies regardless 317
475	475	of the number of contracts an area agency on aging may execute 318
476	476	with the department. This subsection does not prohibit any party 319
477	477	from providing cash that is not from appropriated state funds to 320
478	478	an area agency on aging administrative employee. 321
479	479	Section 6. Subsections (7) through (12) of section 322
480	480	430.203, Florida Statutes, are renumbered as subsections (8) 323
481	481	through (13), respectively, subsect ions (3) and (5) and present 324
482	482	subsection (10) are amended, and a new subsection (7) is added 325
483	483
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491	491	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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494	494
495	495	to that section, to read: 326
496	496	430.203 Community care for the elderly; definitions. —As 327
497	497	used in ss. 430.201-430.207, the term: 328
498	498	(3) "Community care service system" mea ns a service 329
499	499	network comprising a variety of home -delivered services, day 330
500	500	care services, and other basic services, hereinafter referred to 331
501	501	as "core services," for functionally impaired elderly persons 332
502	502	which are provided by or through a designated single lead 333
503	503	agency. Its purpose is to provide a continuum of care 334
504	504	encompassing a full range of preventive, maintenance, and 335
505	505	restorative services for functionally impaired elderly persons. 336
506	506	(5) "Core services" means a variety of home -delivered 337
507	507	services, day care se rvices, and other basic services that may 338
508	508	be provided by several entities. Core services are those 339
509	509	services that are most needed to prevent unnecessary 340
510	510	institutionalization. The area agency on aging may shall not 341
511	511	directly provide core services unless the designated lead agency 342
512	512	is unable to perform its duties and the Department approves . 343
513	513	(7) "Elderly person" means a person 60 years of age or 344
514	514	over who is currently a resident of this state and has an intent 345
515	515	to remain in this state. 346
516	516	(10) "Personal care serv ices" has the same meaning as in 347
517	517	400.462 means services to assist with bathing, dressing, 348
518	518	ambulation, housekeeping, supervision, emotional security, 349
519	519	eating, supervision of self -administered medications, and 350
520	520
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528	528	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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532	532	assistance in securing health care from appropria te sources. 351
533	533	Personal care services does not include medical services . 352
534	534	Section 7. Subsections (6) and (7) of section 430.204, 353
535	535	Florida Statutes, are renumbered as subsections (5) and (6), 354
536	536	respectively, and subsections (1) and (5) and present subsection 355
537	537	(8) of that section are amended, to read: 356
538	538	430.204 Community-care-for-the-elderly core services; 357
539	539	departmental powers and duties. — 358
540	540	(1)(a) The department shall fund, through each area agency 359
541	541	on aging, at least one community care service system the primary 360
542	542	purpose of which is the prevention of unnecessary 361
543	543	institutionalization of functionally impaired elderly persons 362
544	544	through the provision of community -based core services. Whenever 363
545	545	feasible, an area agency on aging shall be the contracting 364
546	546	agency of preference to engage only in the planning and funding 365
547	547	of community-care-for-the-elderly core services for functionally 366
548	548	impaired elderly persons. 367
549	549	(b) The department shall fund, through each area agency on 368
550	550	aging in each county as defined in s. 125.011(1), more than one 369
551	551	community care service system the primary purpose of which is 370
552	552	the prevention of unnecessary institutionalization of 371
553	553	functionally impaired elderly persons through the provision of 372
554	554	community-based core services. 373
555	555	(5) Entities contracting to provide core services under 374
556	556	ss. 430.201-430.207 must provide a minimum of 10 percent of the 375
557	557
558	558	HB 1457 2025
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560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
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565	565	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
566	566
567	567
568	568
569	569	funding necessary for the support of project operations. In -kind 376
570	570	contributions, whether materials, commodities, transportation, 377
571	571	office space, other types of facilities, or pers onal services, 378
572	572	and contributions of money or services from functionally 379
573	573	impaired elderly persons may be evaluated and counted as part or 380
574	574	all of the required local funding. 381
575	575	(8) Provider agencies are responsible for the collection 382
576	576	of fees for services in accordance with rules adopted by the 383
577	577	department. Provider agencies shall assess fees for services 384
578	578	rendered in accordance with those rules. To help pay for 385
579	579	services received from community care for the elderly, a 386
580	580	functionally impaired elderly person shall b e assessed a fee 387
581	581	based on an overall ability to pay. The fee to be assessed shall 388
582	582	be fixed according to a schedule established by the department 389
583	583	in cooperation with area agencies, lead agencies, and service 390
584	584	providers. 391
585	585	Section 8. Subsections (1), (2), a nd (4) and paragraph (a) 392
586	586	of (5) of section 430.205, Florida Statutes, are amended to 393
587	587	read: 394
588	588	430.205 Community care service system. — 395
589	589	(1)(a) The department, through the area agency on aging, 396
590	590	shall fund in each planning and service area at least one 397
591	591	community care service system that provides case management and 398
592	592	other in-home and community services as needed to help the older 399
593	593	person maintain independence and prevent or delay more costly 400
594	594
595	595	HB 1457 2025
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597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb1457-00
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602	602	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
603	603
604	604
605	605
606	606	institutional care. 401
607	607	(b) The department shall fund, through the area a gency on 402
608	608	aging in each county as defined in s. 125.011(1), more than one 403
609	609	community care service system that provides case management and 404
610	610	other in-home and community services as needed to help elderly 405
611	611	persons maintain independence and prevent or delay more costly 406
612	612	institutional care. 407
613	613	(2) Core services and other support services may be 408
614	614	furnished by public or private agencies or organizations. Each 409
615	615	community care service system must be under the direction of a 410
616	616	lead agency that coordinates the activities of in dividual 411
617	617	contracting agencies providing community -care-for-the-elderly 412
618	618	services. When practicable, the activities of a community care 413
619	619	service area may be directed from a multiservice senior center, 414
620	620	as defined in s. 430.901, and coordinated with other servi ces 415
621	621	offered therein. This subsection does not require programs in 416
622	622	existence prior to the effective date of this act to be 417
623	623	relocated. 418
624	624	(4) An annual A preservice and inservice training program 419
625	625	for community-care-for-the-elderly service providers and staff 420
626	626	may be designed and implemented to help assure the delivery of 421
627	627	quality services. The department shall specify in rules the 422
628	628	training standards and requirements for the community -care-for-423
629	629	the-elderly service providers and staff. Training must be 424
630	630	sufficient to ensure that quality services are provided to 425
631	631
632	632	HB 1457 2025
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635	635
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639	639	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
640	640
641	641
642	642
643	643	clients and that appropriate skills are developed to conduct the 426
644	644	program. 427
645	645	(5) Any person who has been classified as a functionally 428
646	646	impaired elderly person is eligible to receive community -care-429
647	647	for-the-elderly core services. 430
648	648	(a) Those elderly persons who are determined high risk by 431
649	649	protective investigations to be vulnerable adults in need of 432
650	650	services, pursuant to s. 415.104(3)(b), or to be victims of 433
651	651	abuse, neglect, or exploitation who are in need of immediate 434
652	652	services to prevent further harm and are referred by the adult 435
653	653	protective services program, shall be given priority primary 436
654	654	consideration for receiving community -care-for-the-elderly 437
655	655	services. As used in this paragraph, " priority primary 438
656	656	consideration" means that an assessment and services must 439
657	657	commence within 72 hours after referral to the department or as 440
658	658	established in accordance with department contracts by local 441
659	659	protocols developed between department service providers and the 442
660	660	adult protective services program. Regardless, a community -care-443
661	661	for-the-elderly services provide r may dispute a referral under 444
662	662	this paragraph by requesting that adult protective services 445
663	663	negotiate the referral placement of, and the services to be 446
664	664	provided to, a vulnerable adult or victim of abuse, neglect, or 447
665	665	exploitation. If an agreement cannot be r eached with adult 448
666	666	protective services for modification of the referral decision, 449
667	667	the determination by adult protective services shall prevail. 450
668	668
669	669	HB 1457 2025
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671	671
672	672
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676	676	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
677	677
678	678
679	679
680	680	Section 9. Section 430.2053, Florida Statutes, is amended 451
681	681	to read: 452
682	682	430.2053 Aging and disability resource centers.— 453
683	683	(1) The department, in consultation with the Agency for 454
684	684	Health Care Administration and the Department of Children and 455
685	685	Families, shall develop pilot projects for aging and disability 456
686	686	resource centers. 457
687	687	(2) The purposes of an aging and disability resource 458
688	688	center shall be: 459
689	689	(a) To provide Florida's elders , adults with disabilities, 460
690	690	and their families with a locally focused, coordinated approach 461
691	691	to integrating information and referral for all available 462
692	692	services for persons elders with the eligibility determination 463
693	693	entities for state and federally funded long -term-care services. 464
694	694	(b) To provide for easier access to long -term-care 465
695	695	services by Florida's elders , adults with disabilities, and 466
696	696	their families by creating multiple access points to the long -467
697	697	term-care network that flow through one established entity with 468
698	698	wide community recognition. 469
699	699	(3) The duties of an aging and disability resource center 470
700	700	are to: 471
701	701	(a) Develop referral agreements with local community 472
702	702	service organizations, such as senior ce nters, existing elder 473
703	703	service providers, volunteer associations, and other similar 474
704	704	organizations, to better assist clients who do not need or do 475
705	705
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708	708
709	709
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713	713	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
714	714
715	715
716	716
717	717	not wish to enroll in programs funded by the department or the 476
718	718	agency. The referral agreements must also includ e a protocol, 477
719	719	developed and approved by the department, which provides 478
720	720	specific actions that an aging and disability resource center 479
721	721	and local community service organizations must take when a 480
722	722	person or a person's an elder or an elder's representative 481
723	723	seeking information on long -term-care services contacts a local 482
724	724	community service organization before prior to contacting the 483
725	725	aging and disability resource center. The protocol shall be 484
726	726	designed to ensure that persons elders and their families are 485
727	727	able to access information and services in the most efficient 486
728	728	and least cumbersome manner possible. 487
729	729	(b) Provide an initial screening of all clients who 488
730	730	request long-term-care services to determine whether the person 489
731	731	would be most appropriately served through any comb ination of 490
732	732	federally funded programs, state -funded programs, locally funded 491
733	733	or community volunteer programs, or private funding for 492
734	734	services. 493
735	735	(c) Determine eligibility for the programs and services 494
736	736	listed in subsection (9) for persons residing within the 495
737	737	geographic area served by the aging and disability resource 496
738	738	center and determine a priority ranking for services which is 497
739	739	based upon the potential recipient's frailty level and 498
740	740	likelihood of institutional placement without such services. 499
741	741	(d) Place on and remove from the preenrollment lists 500
742	742
743	743	HB 1457 2025
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745	745
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750	750	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
751	751
752	752
753	753
754	754	clients eligible for the Alzheimer's Disease Initiative, 501
755	755	Community Care for the Elderly, Home Care for the Elderly, and 502
756	756	Statewide Medicaid Managed Care Long -Term Care programs. 503
757	757	(e)(d) Manage the availability of finan cial resources for 504
758	758	the programs and services listed in subsection (9) for persons 505
759	759	residing within the geographic area served by the aging and 506
760	760	disability resource center. 507
761	761	(f)(e) When financial resources become available, refer a 508
762	762	client to the most appropr iate entity to begin receiving 509
763	763	services. The aging and disability resource center shall make 510
764	764	referrals to lead agencies for service provision that ensure 511
765	765	that persons individuals who are vulnerable adults in need of 512
766	766	services pursuant to s. 415.104(3)(b), o r who are victims of 513
767	767	abuse, neglect, or exploitation in need of immediate services to 514
768	768	prevent further harm and are referred by the adult protective 515
769	769	services program, are given primary consideration for receiving 516
770	770	community-care-for-the-elderly services in c ompliance with the 517
771	771	requirements of s. 430.205(5)(a) and that other referrals for 518
772	772	services are in compliance with s. 430.205(5)(b). 519
773	773	(f) Convene a work group to advise in the planning, 520
774	774	implementation, and evaluation of the aging resource center. The 521
775	775	work group shall be comprised of representatives of local 522
776	776	service providers, Alzheimer's Association chapters, housing 523
777	777	authorities, social service organizations, advocacy groups, 524
778	778	representatives of clients receiving services through the aging 525
779	779
780	780	HB 1457 2025
781	781
782	782
783	783
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785	785	hb1457-00
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787	787	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
788	788
789	789
790	790
791	791	resource center, and any other persons or groups as determined 526
792	792	by the department. The aging resource center, in consultation 527
793	793	with the work group, must develop annual program improvement 528
794	794	plans that shall be submitted to the department for 529
795	795	consideration. The department shall r eview each annual 530
796	796	improvement plan and make recommendations on how to implement 531
797	797	the components of the plan. 532
798	798	(g) Enhance the existing area agency on aging in each 533
799	799	planning and service area by integrating, either physically or 534
800	800	virtually, the staff and serv ices of the area agency on aging 535
801	801	with the staff of the department's local CARES Medicaid 536
802	802	preadmission screening unit and a sufficient number of staff 537
803	803	from the Department of Children and Families' Economic Self -538
804	804	Sufficiency Unit necessary to determine the fi nancial 539
805	805	eligibility for all persons age 60 and older residing within the 540
806	806	area served by the aging and disability resource center that are 541
807	807	seeking Medicaid services, Supplemental Security Income, and 542
808	808	food assistance. 543
809	809	(h) Assist clients who request long -term care services in 544
810	810	being evaluated for eligibility for enrollment in the Medicaid 545
811	811	long-term care managed care program as eligible plans become 546
812	812	available in each of the regions pursuant to s. 409.981(2). 547
813	813	(i) Provide enrollment and coverage information to 548
814	814	Medicaid managed long -term care enrollees as qualified plans 549
815	815	become available in each of the regions pursuant to s. 550
816	816
817	817	HB 1457 2025
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819	819
820	820
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824	824	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
825	825
826	826
827	827
828	828	409.981(2). 551
829	829	(i)(j) Assist Medicaid recipients enrolled in the Medicaid 552
830	830	long-term care managed care program with informally resolving 553
831	831	grievances with a managed care network and assist Medicaid 554
832	832	recipients in accessing the managed care network's formal 555
833	833	grievance process as el igible plans become available in each of 556
834	834	the regions defined in s. 409.981(2). 557
835	835	(4) The department shall select the entities to become 558
836	836	aging and disability resource centers based on each entity's 559
837	837	readiness and ability to perform the duties listed in subse ction 560
838	838	(3) and the entity's: 561
839	839	(a) Expertise in the needs of each target population the 562
840	840	center proposes to serve and a thorough knowledge of the 563
841	841	providers that serve these populations. 564
842	842	(b) Strong connections to service providers, volunteer 565
843	843	agencies, and community institutions. 566
844	844	(c) Expertise in information and referral activities. 567
845	845	(d) Knowledge of long -term-care resources, including 568
846	846	resources designed to provide services in the least restrictive 569
847	847	setting. 570
848	848	(e) Financial solvency and stability. 571
849	849	(f) Ability to collect, monitor, and analyze data in a 572
850	850	timely and accurate manner, along with systems that meet the 573
851	851	department's standards. 574
852	852	(g) Commitment to adequate staffing by qualified personnel 575
853	853
854	854	HB 1457 2025
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856	856
857	857
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861	861	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
862	862
863	863
864	864
865	865	to effectively perform all functions. 576
866	866	(h) Ability to meet al l performance standards established 577
867	867	by the department. 578
868	868	(5) The aging and disability resource center shall have a 579
869	869	governing body which shall be the same entity described in s. 580
870	870	20.41(7), and an executive director who may be the same person 581
871	871	as described in s. 20.41(7). The governing body shall annually 582
872	872	evaluate the performance of the executive director. 583
873	873	(6) The aging and disability resource center may not be a 584
874	874	provider of direct services other than information and referral 585
875	875	services, outreach, and screening, and intake. The aging and 586
876	876	disability resource center must receive a waiver to be the 587
877	877	provider of any other direct services . 588
878	878	(7) The aging and disability resource center must agree to 589
879	879	allow the department to review any financial information the 590
880	880	department determines is necessary for monitoring or reporting 591
881	881	purposes, including financial relationships. 592
882	882	(8) The duties and responsibilities of the community care 593
883	883	for the elderly lead agencies within each area served by an 594
884	884	aging and disability resource center shall be to: 595
885	885	(a) Develop strong community partnerships to maximize the 596
886	886	use of community resources for the purpose of assisting persons 597
887	887	elders to remain in their community settings for as long as it 598
888	888	is safely possible. 599
889	889	(b) Conduct comprehensive assessm ents of clients that have 600
890	890
891	891	HB 1457 2025
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893	893
894	894
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898	898	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
899	899
900	900
901	901
902	902	been determined eligible and develop a care plan consistent with 601
903	903	established protocols that ensures that the unique needs of each 602
904	904	client are met. 603
905	905	(9) The services to be administered through the aging and 604
906	906	disability resource center shall include those funded by the 605
907	907	following programs: 606
908	908	(a) Community care for the elderly. 607
909	909	(b) Home care for the elderly. 608
910	910	(c) Contracted services. 609
911	911	(d) Alzheimer's disease initiative. 610
912	912	(e) Older Americans Act. 611
913	913	(10) The department shall, before prior to designation of 612
914	914	an aging and disability resource center, develop by rule 613
915	915	operational and quality assurance standards and outcome measures 614
916	916	to ensure that clients receiving services through all long -term-615
917	917	care programs administered through an aging and disability 616
918	918	resource center are receiving the appropriate care they require 617
919	919	and that contractors and subcontractors are adhering to the 618
920	920	terms of their contracts and are acting in the best interests of 619
921	921	the clients they are serving, consistent with the inte nt of the 620
922	922	Legislature to reduce the use of and cost of nursing home care. 621
923	923	The department shall by rule provide operating procedures for 622
924	924	aging and disability resource centers, which shall include: 623
925	925	(a) Minimum standards for financial operation, including 624
926	926	audit procedures. 625
927	927
928	928	HB 1457 2025
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930	930
931	931
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935	935	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
936	936
937	937
938	938
939	939	(b) Procedures for monitoring and sanctioning of service 626
940	940	providers. 627
941	941	(c) Minimum standards for technology utilized by the aging 628
942	942	and disability resource center. 629
943	943	(d) Minimum staff requirements which shall ensure that the 630
944	944	aging and disability resource center employs sufficient quality 631
945	945	and quantity of staff to adequately meet the needs of the elders 632
946	946	residing within the area served by the aging and disability 633
947	947	resource center. 634
948	948	(e) Minimum accessibility standards, including hours of 635
949	949	operation. 636
950	950	(f) Minimum oversight standards for the governing body of 637
951	951	the aging and disability resource center to ensure its 638
952	952	continuous involvement in, and accountability for, all matters 639
953	953	related to the development, implementation, staffing, 640
954	954	administration, and operations of the aging and disability 641
955	955	resource center. 642
956	956	(g) Minimum education and experience requirements for 643
957	957	executive directors and other executive staff positions of aging 644
958	958	and disability resource centers. 645
959	959	(h) Minimum requirements regarding any execu tive staff 646
960	960	positions that the aging and disability resource center must 647
961	961	employ and minimum requirements that a candidate must meet in 648
962	962	order to be eligible for appointment to such positions. 649
963	963	(11) In an area in which the department has designated an 650
964	964
965	965	HB 1457 2025
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967	967
968	968
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972	972	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
973	973
974	974
975	975
976	976	area agency on aging as an aging and disability resource center, 651
977	977	the department and the agency may shall not make payments for 652
978	978	the services listed in subsection (9) and the Statewide Medicaid 653
979	979	Managed Care Long-Term Care Program Long-Term Care Community 654
980	980	Diversion Project for such persons who were not screened and 655
981	981	enrolled through the aging and disability resource center. The 656
982	982	department shall cease making payments for recipients in 657
983	983	eligible plans as eligible plans become available in each of the 658
984	984	regions defined in s. 409.981(2). 659
985	985	(12) Each aging and disability resource center shall enter 660
986	986	into a memorandum of understanding with the department for 661
987	987	collaboration with the CARES unit staff. The memorandum of 662
988	988	understanding shall outline the staff person responsible for 663
989	989	each function and shall provide the staffing levels necessary to 664
990	990	carry out the functions of the aging and disability resource 665
991	991	center. 666
992	992	(13) Each aging and disability resource center shall enter 667
993	993	into a memorandum of understanding with the Department of 668
994	994	Children and Families for collaboration with the Economic Self -669
995	995	Sufficiency Unit staff. The memorandum of understanding shall 670
996	996	outline which staff persons are responsible for which functions 671
997	997	and shall provide the staffing levels necessary to carry out the 672
998	998	functions of the aging and disability resource center. 673
999	999	(14) If any of the state activities described in this 674
1000	1000	section are outsourced, either in part or in whole, the contract 675
1001	1001
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1004	1004
1005	1005
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1009	1009	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
1010	1010
1011	1011
1012	1012
1013	1013	executing the outsourcing shall mandate that the contractor or 676
1014	1014	its subcontractors shal l, either physically or virtually, 677
1015	1015	execute the provisions of the memorandum of understanding 678
1016	1016	instead of the state entity whose function the contractor or 679
1017	1017	subcontractor now performs. 680
1018	1018	(15) In order to be eligible to begin transitioning to an 681
1019	1019	aging resource center, an area agency on aging board must ensure 682
1020	1020	that the area agency on aging which it oversees meets all of the 683
1021	1021	minimum requirements set by law and in rule. 684
1022	1022	(15)(a)(16)(a) Once an aging resource center is 685
1023	1023	operational, The department, in consultation with the aging and 686
1024	1024	disability resource center agency, may develop capitation rates 687
1025	1025	for any of the programs administered through the agency aging 688
1026	1026	resource center. Capitation rates for programs shall be based on 689
1027	1027	the historical cost experience of the state in providing those 690
1028	1028	same services to the population age 60 or older residing within 691
1029	1029	each area served by an aging and disability resource center. 692
1030	1030	Each capitated rate may vary by geographic area as determined by 693
1031	1031	the department. 694
1032	1032	(b) The department and the agen cy may determine for each 695
1033	1033	area served by an aging and disability resource center whether 696
1034	1034	it is appropriate, consistent with federal and state laws and 697
1035	1035	regulations, to develop and pay separate capitated rates for 698
1036	1036	each program administered through the aging and disability 699
1037	1037	resource center or to develop and pay capitated rates for 700
1038	1038
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1041	1041
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1045	1045	Page 29 of 61
1046	1046	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
1047	1047
1048	1048
1049	1049
1050	1050	service packages which include more than one program or service 701
1051	1051	administered through the aging and disability resource center. 702
1052	1052	(c) Once capitation rates have been developed and 703
1053	1053	certified as actuarially sound, the department and the agency 704
1054	1054	may pay service providers the capitated rates for services when 705
1055	1055	appropriate. 706
1056	1056	(d) The department, in consultation with the agency, shall 707
1057	1057	annually reevaluate and recertify the capitation rates, 708
1058	1058	adjusting forward to account for inflation, programmatic 709
1059	1059	changes. 710
1060	1060	(16)(17) This section does shall not be construed to allow 711
1061	1061	an aging and disability resource center to restrict, manage, or 712
1062	1062	impede the local fundraising activities of service providers. 713
1063	1063	Section 10. Section 430.503, Florida Statutes, is amended 714
1064	1064	to read: 715
1065	1065	430.503 Alzheimer's Disease Initiative; fees and 716
1066	1066	administrative expense. — 717
1067	1067	(1) Sections 430.501-430.504 may be cited as the 718
1068	1068	"Alzheimer's Disease Initiative." 719
1069	1069	(2) Provider agencies are responsible for the collection 720
1070	1070	of fees for services in accordance with rules adopted by the 721
1071	1071	department. Provider agencies shall assess fees for services 722
1072	1072	rendered in accordance with those rules. To help pay for 723
1073	1073	services received pursuant to the Alzheimer's Disease 724
1074	1074	Initiative, a functionally impaired elderly person shall be 725
1075	1075
1076	1076	HB 1457 2025
1077	1077
1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
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1083	1083	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
1084	1084
1085	1085
1086	1086
1087	1087	assessed a fee based on an overall ability to pay. The fee to be 726
1088	1088	assessed shall be fixed according to a schedule to be 727
1089	1089	established by the department. Services of specified value may 728
1090	1090	be accepted in lieu of a fee. The fee schedule shall be 729
1091	1091	developed in cooperation with the Alzheimer's Disease Advisory 730
1092	1092	Committee, area agencies on aging, and service providers. 731
1093	1093	Section 11. Subsection (3) of section 430.602, Florida 732
1094	1094	Statutes, is renumbered a s subsection (4), and a new subsection 733
1095	1095	(3) is added to that section, to read: 734
1096	1096	430.602 Home care for the elderly; definitions. —As used in 735
1097	1097	ss. 430.601-430.606, the term: 736
1098	1098	(3) "Functionally impaired elderly person" means any 737
1099	1099	person who is 60 years of age o r older and has physical or 738
1100	1100	mental limitations that restrict the person's ability to perform 739
1101	1101	the normal activities of daily living and that impede his or her 740
1102	1102	capacity to live independently without the provision of core 741
1103	1103	services. Functional impairment shall be determined through a 742
1104	1104	functional assessment administered to each applicant for home 743
1105	1105	care for the elderly core services. The functional assessment 744
1106	1106	shall be developed by the department. 745
1107	1107	Section 12. Subsection (3) of section 430.605, Florida 746
1108	1108	Statutes, is amended to read: 747
1109	1109	430.605 Subsidy payments. —The department shall develop a 748
1110	1110	schedule of subsidy payments to be made to persons providing 749
1111	1111	home care, and to providers of goods and services, for certain 750
1112	1112
1113	1113	HB 1457 2025
1114	1114
1115	1115
1116	1116
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1120	1120	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
1121	1121
1122	1122
1123	1123
1124	1124	eligible elderly persons. Payments must be based on t he 751
1125	1125	financial status of the person receiving care. Payments must 752
1126	1126	include, but need not be limited to: 753
1127	1127	(3) When necessary, special supplements to provide for any 754
1128	1128	goods and services, including food and nutritional supplements, 755
1129	1129	and specialized care required to maintain the health , safety, 756
1130	1130	and well-being of the elderly person. Extraordinary medical, 757
1131	1131	dental, or pharmaceutical expenses may be paid as a special 758
1132	1132	supplement. 759
1133	1133	Section 13. Section 430.71, Florida Statutes, is created 760
1134	1134	to read: 761
1135	1135	430.71 Florida Alzh eimer's Center of Excellence. — 762
1136	1136	(1)(a) PURPOSE AND INTENT. —The purpose of this section is 763
1137	1137	to assist and support persons with Alzheimer's disease or 764
1138	1138	related forms of dementia and their caregivers by connecting 765
1139	1139	them with resources in their communities. The Legislature 766
1140	1140	intends to create a holistic care model for persons with 767
1141	1141	Alzheimer's disease or related forms of dementia and their 768
1142	1142	caregivers to address two primary goals: 769
1143	1143	1. To allow Floridians living with Alzheimer's disease or 770
1144	1144	related forms of dementia t o age in place. 771
1145	1145	2. To empower family caregivers to improve their own well -772
1146	1146	being. 773
1147	1147	(b) The development of innovative approaches to program 774
1148	1148	management, staff training, and service delivery which have an 775
1149	1149
1150	1150	HB 1457 2025
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1152	1152
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1157	1157	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
1158	1158
1159	1159
1160	1160
1161	1161	impact on cost-avoidance, cost-effectiveness, and pr ogram 776
1162	1162	efficiency is encouraged. 777
1163	1163	(2) DEFINITIONS.—As used in this section, the term: 778
1164	1164	(a) "Center" means the Florida Alzheimer's Center for 779
1165	1165	Excellence. 780
1166	1166	(b) "Department" means the Department of Elderly Affairs. 781
1167	1167	(3) POWERS AND DUTIES. — 782
1168	1168	(a) There is created within the Department of Elderly 783
1169	1169	Affairs the Florida Alzheimer's Center of Excellence, which 784
1170	1170	shall be responsible for improving the quality of care for 785
1171	1171	persons living with Alzheimer's disease or related forms of 786
1172	1172	dementia and improved quality of life for family caregivers. 787
1173	1173	(b) The center shall aim to address, at a minimum, all of 788
1174	1174	the following: 789
1175	1175	1. Early and accurate diagnosis. 790
1176	1176	2. Caregiver health. 791
1177	1177	3. Improved access to care. 792
1178	1178	4. Healthcare use costs. 793
1179	1179	5. Dementia capable workforce. 794
1180	1180	6. Underreporting of Alzheimer's disease and related forms 795
1181	1181	of dementia. 796
1182	1182	7. Disparities in access to dementia care. 797
1183	1183	(c) The center shall provide caregivers access to 798
1184	1184	services, including, but not limited to, all of the following: 799
1185	1185	1. Care consultation. 800
1186	1186
1187	1187	HB 1457 2025
1188	1188
1189	1189
1190	1190
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1194	1194	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
1195	1195
1196	1196
1197	1197
1198	1198	2. Support groups. 801
1199	1199	3. Education and training programs. 802
1200	1200	4. Caregiver support services such as: 803
1201	1201	a. Caregiver companion. 804
1202	1202	b. Caregiver wellness programs. 805
1203	1203	c. Care support teams. 806
1204	1204	d. Technology based services. 807
1205	1205	e. Coordinating or monitoring care and services. 808
1206	1206	f. Assistance in obtaining diagnosis or prognosis of 809
1207	1207	dementia. 810
1208	1208	g. Assistance in obtaining end -of-life care. 811
1209	1209	h. Assistance connecting to resources for medical care. 812
1210	1210	i. Assistance with planning for current or future care. 813
1211	1211	j. Guidance for coping with relationship changes for 814
1212	1212	persons with dementia and their caregivers. 815
1213	1213	k. Skills for communicating with persons with dementia. 816
1214	1214	l. Understanding or managing behavioral symptoms of 817
1215	1215	dementia. 818
1216	1216	(d) When possible, the center shall work with the A rea 819
1217	1217	Agencies on Aging; Alzheimer's Disease Advisory Committee; 820
1218	1218	Alzheimer's Disease Initiative, including the state -funded 821
1219	1219	memory disorder clinics; Dementia Care and Cure Initiative; 822
1220	1220	universities; hospitals; and other available community resources 823
1221	1221	to ensure full use of the state's infrastructure. 824
1222	1222	(e) As necessary to fulfill its duties under this section, 825
1223	1223
1224	1224	HB 1457 2025
1225	1225
1226	1226
1227	1227
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1231	1231	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
1232	1232
1233	1233
1234	1234
1235	1235	the center may provide direct services or contract for the 826
1236	1236	provision of services. 827
1237	1237	(4) ELIGIBILITY FOR SERVICES. — 828
1238	1238	(a) Persons seeking assistance from t he center must meet 829
1239	1239	all of the following criteria to be eligible for services: 830
1240	1240	1. At least one person in the household is a caregiver for 831
1241	1241	a person who has been diagnosed with, or is suspected to have, 832
1242	1242	Alzheimer's disease or a related form of dementia. 833
1243	1243	2. The caregiver or person who has been diagnosed with, or 834
1244	1244	is suspected to have, Alzheimer's disease or a related form of 835
1245	1245	dementia, is a resident of this state. 836
1246	1246	3. Have the goal of providing in -home care for the person 837
1247	1247	who has been diagnosed with, or is suspected to have, 838
1248	1248	Alzheimer's disease or related form of dementia. 839
1249	1249	(b) If the person seeking assistance meets the criteria in 840
1250	1250	paragraph (a), the center may provide assistance to the 841
1251	1251	caregiving family, subject to the availability of funds and 842
1252	1252	resources. 843
1253	1253	Section 14. Subsection (2) of section 430.901, Florida 844
1254	1254	Statutes, is amended to read: 845
1255	1255	430.901 Multiservice senior center; definition; purpose. —A 846
1256	1256	"multiservice senior center" is: 847
1257	1257	(2) An entity that may partner with an aging and 848
1258	1258	disability resource center to provide for easier access to long -849
1259	1259	term care services by seniors and their families who reside 850
1260	1260
1261	1261	HB 1457 2025
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1263	1263
1264	1264
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1268	1268	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
1269	1269
1270	1270
1271	1271
1272	1272	within the local community. 851
1273	1273	Section 15. Subsection (1) and paragraph (e) of subsection 852
1274	1274	(2) of section 744.2001, Florida Statutes, are amended to read: 853
1275	1275	744.2001 Office of Public and Professional Guardians. —854
1276	1276	There is created the Office of Public and Professional Guardians 855
1277	1277	within the Department of Elderly Affairs. 856
1278	1278	(1) The Secretary of Elderly Affairs shall appoint the 857
1279	1279	executive director, who shall be th e head of the Office of 858
1280	1280	Public and Professional Guardians. The executive director must 859
1281	1281	be a member of The Florida Bar, knowledgeable of guardianship 860
1282	1282	law and of the social services available to meet the needs of 861
1283	1283	incapacitated persons, shall serve on a full -time basis, and 862
1284	1284	shall personally, or through a representative of the office, 863
1285	1285	carry out the purposes and functions of the Office of Public and 864
1286	1286	Professional Guardians in accordance with state and federal law. 865
1287	1287	The executive director shall serve at the pleasur e of and report 866
1288	1288	to the secretary. 867
1289	1289	(2) The executive director shall, within available 868
1290	1290	resources: 869
1291	1291	(e) Produce and make available information about 870
1292	1292	alternatives to and types of guardianship for dissemination by 871
1293	1293	area agencies on aging as defined in s. 430. 203 and aging and 872
1294	1294	disability resource centers as described in s. 430.2053. 873
1295	1295	Section 16. Subsections (3) through (10) of section 874
1296	1296	744.2003, Florida Statutes, are renumbered as subsections (4) 875
1297	1297
1298	1298	HB 1457 2025
1299	1299
1300	1300
1301	1301
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1305	1305	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
1306	1306
1307	1307
1308	1308
1309	1309	through (11), respectively, subsection (2) and present 876
1310	1310	subsection (8) are amended, and a new subsection (3) is added to 877
1311	1311	that section, to read: 878
1312	1312	744.2003 Regulation of professional guardians; 879
1313	1313	application; bond required; educational requirements. — 880
1314	1314	(2) Each professional guardian who files a petition for 881
1315	1315	appointment after October 1, 1997, shall post a blanket 882
1316	1316	fiduciary bond with the clerk of the circuit court in the county 883
1317	1317	in which the guardian's primary place of business is located. 884
1318	1318	The guardian shall provide proof of the fiduciary bond to the 885
1319	1319	clerks of each additional circuit court in which he or she is 886
1320	1320	serving as a professional guardian. The bond shall be maintained 887
1321	1321	by the guardian in an amount not less than $250,000 $50,000. The 888
1322	1322	bond must cover all wards for whom the guardian has been 889
1323	1323	appointed at any given time. The liability of the provider of 890
1324	1324	the bond is limited to the face amount of the bond, regardless 891
1325	1325	of the number of wards for whom the professional guardian has 892
1326	1326	been appointed. The act or omissions of each employee of a 893
1327	1327	professional guardian who has direct conta ct with the ward or 894
1328	1328	access to the ward's assets is covered by the terms of such 895
1329	1329	bond. The bond must be payable to the Governor of the State of 896
1330	1330	Florida and his or her successors in office and conditioned on 897
1331	1331	the faithful performance of all duties by the guar dian. In form, 898
1332	1332	the bond must be joint and several. The bond is in addition to 899
1333	1333	any bonds required under s. 744.351. This subsection does not 900
1334	1334
1335	1335	HB 1457 2025
1336	1336
1337	1337
1338	1338
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1342	1342	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
1343	1343
1344	1344
1345	1345
1346	1346	apply to any attorney who is licensed to practice law in this 901
1347	1347	state and who is in good standing, to any financial in stitution 902
1348	1348	as defined in s. 744.309(4), or a public guardian. The expenses 903
1349	1349	incurred to satisfy the bonding requirements prescribed in this 904
1350	1350	section may not be paid with the assets of any ward. 905
1351	1351	(3) In the event a circuit judge decides to waive the 906
1352	1352	requirement for the posting of a blanket fiduciary bond by a 907
1353	1353	guardian, the court shall enter a written order waiving the bond 908
1354	1354	requirement. The court must include in its written order the 909
1355	1355	reasons for waiving the bond requirement. 910
1356	1356	(9)(8) The Department of Elderly A ffairs shall waive the 911
1357	1357	examination requirement in subsection (7) (6) if a professional 912
1358	1358	guardian can provide: 913
1359	1359	(a) Proof that the guardian has actively acted as a 914
1360	1360	professional guardian for 5 years or more; and 915
1361	1361	(b) A letter from a circuit judge before who m the 916
1362	1362	professional guardian practiced at least 1 year which states 917
1363	1363	that the professional guardian had demonstrated to the court 918
1364	1364	competency as a professional guardian. 919
1365	1365	Section 17. Subsection (2) of section 744.2004, Florida 920
1366	1366	Statutes, is amended to read: 921
1367	1367	744.2004 Complaints; disciplinary proceedings; penalties; 922
1368	1368	enforcement.— 923
1369	1369	(2) The Office of Public and Professional Guardians shall 924
1370	1370	establish disciplinary proceedings, conduct hearings, and take 925
1371	1371
1372	1372	HB 1457 2025
1373	1373
1374	1374
1375	1375
1376	1376	CODING: Words stricken are deletions; words underlined are additions.
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1379	1379	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
1380	1380
1381	1381
1382	1382
1383	1383	administrative action pursuant to chapter 120. Disciplinar y 926
1384	1384	actions may include, but are not limited to, requiring a 927
1385	1385	professional guardian to participate in additional educational 928
1386	1386	courses provided or approved by the Office of Public and 929
1387	1387	Professional Guardians, imposing additional monitoring by the 930
1388	1388	Office of Public and Professional Guardians office of the 931
1389	1389	guardianships to which the professional guardian is appointed, 932
1390	1390	restitution, fine, costs of investigation and disciplinary 933
1391	1391	actions, and suspension or revocation of a professional 934
1392	1392	guardian's registration. 935
1393	1393	Section 18. Subsections (1) and (2) of section 744.20041, 936
1394	1394	Florida Statutes, are amended to read: 937
1395	1395	744.20041 Grounds for discipline; penalties; enforcement. — 938
1396	1396	(1) The following acts by a professional guardian shall 939
1397	1397	constitute grounds for which the disciplinary actions specified 940
1398	1398	in subsection (2) may be taken: 941
1399	1399	(a) Making misleading, deceptive, or fraudulent 942
1400	1400	representations in or related to the practice of guardianship. 943
1401	1401	(b) Withholding information from the court involving 944
1402	1402	apparent or actual conflicts of intere st or that could result in 945
1403	1403	the appearance of or actual self -dealing. 946
1404	1404	(c)(b) Violating any rule governing guardians or 947
1405	1405	guardianships adopted by the Office of Public and Professional 948
1406	1406	Guardians. 949
1407	1407	(d)(c) Being convicted or found guilty of, or entering a 950
1408	1408
1409	1409	HB 1457 2025
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1411	1411
1412	1412
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1416	1416	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
1417	1417
1418	1418
1419	1419
1420	1420	plea of guilty or nolo contendere to, regardless of 951
1421	1421	adjudication, a crime in any jurisdiction which relates to the 952
1422	1422	practice of or the ability to practice as a professional 953
1423	1423	guardian. 954
1424	1424	(e) Misusing any advance directive, including a power of 955
1425	1425	attorney, living will, designation of health care surrogate, or 956
1426	1426	do-not-resuscitate order to the detriment of the principal or 957
1427	1427	benefit of the professional guardian, regardless of whether the 958
1428	1428	professional guardian is the guardian of the principal at the 959
1429	1429	time. 960
1430	1430	(f)(d) Failing to comply with the educational course 961
1431	1431	requirements contained in s. 744.2003. 962
1432	1432	(g)(e) Having a registration, a license, or the authority 963
1433	1433	to practice a regulated profession revoked, suspended, or 964
1434	1434	otherwise acted against, including the denial of registra tion or 965
1435	1435	licensure, by the registering or licensing authority of any 966
1436	1436	jurisdiction, including its agencies or subdivisions, for a 967
1437	1437	violation under Florida law. The registering or licensing 968
1438	1438	authority's acceptance of a relinquishment of registration or 969
1439	1439	licensure, stipulation, consent order, or other settlement 970
1440	1440	offered in response to or in anticipation of the filing of 971
1441	1441	charges against the registration or license shall be construed 972
1442	1442	as an action against the registration or license. 973
1443	1443	(h)(f) Knowingly filing a false report or complaint with 974
1444	1444	the Office of Public and Professional Guardians against another 975
1445	1445
1446	1446	HB 1457 2025
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1448	1448
1449	1449
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1453	1453	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
1454	1454
1455	1455
1456	1456
1457	1457	guardian. 976
1458	1458	(i) Retaliating against a ward, a ward's family, or other 977
1459	1459	interested party after a complaint has been filed concerning 978
1460	1460	that ward. 979
1461	1461	(j)(g) Attempting to obtain, obtaining, or renewing a 980
1462	1462	registration or license to practice a profession by bribery, by 981
1463	1463	fraudulent misrepresentation, or as a result of an error by the 982
1464	1464	Office of Public and Professional Guardians which is known and 983
1465	1465	not disclosed to the Office of Pu blic and Professional 984
1466	1466	Guardians. 985
1467	1467	(k)(h) Failing to report to the Office of Public and 986
1468	1468	Professional Guardians any person who the professional guardian 987
1469	1469	knows is in violation of this chapter or the rules of the Office 988
1470	1470	of Public and Professional Guardians. 989
1471	1471	(l)(i) Failing to perform any statutory or legal 990
1472	1472	obligation placed upon a professional guardian. 991
1473	1473	(m)(j) Making or filing a report or record that the 992
1474	1474	professional guardian knows to be false, intentionally or 993
1475	1475	negligently failing to file a report or record required by state 994
1476	1476	or federal law, or willfully impeding or obstructing another 995
1477	1477	person's attempt to do so. Such reports or records shall include 996
1478	1478	only those that are signed in the guardian's capacity as a 997
1479	1479	professional guardian. 998
1480	1480	(n)(k) Using the position o f guardian for the purpose of 999
1481	1481	financial gain by a professional guardian or a third party, 1000
1482	1482
1483	1483	HB 1457 2025
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1485	1485
1486	1486
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1490	1490	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
1491	1491
1492	1492
1493	1493
1494	1494	other than the funds awarded to the professional guardian by the 1001
1495	1495	court pursuant to s. 744.108. 1002
1496	1496	(o)(l) Violating a lawful order of the Office of Public 1003
1497	1497	and Professional Guardians or failing to comply with a lawfully 1004
1498	1498	issued subpoena of the Office of Public and Professional 1005
1499	1499	Guardians. 1006
1500	1500	(p)(m) Improperly interfering with an investigation or 1007
1501	1501	inspection authorized by statute or rule or with any 1008
1502	1502	disciplinary proceeding. 1009
1503	1503	(q)(n) Using the guardian relationship to engage or 1010
1504	1504	attempt to engage the ward, or an immediate family member or a 1011
1505	1505	representative of the ward, in verbal, written, electronic, or 1012
1506	1506	physical sexual activity. 1013
1507	1507	(r)(o) Failing to report to the Office of Public a nd 1014
1508	1508	Professional Guardians in writing within 30 days after being 1015
1509	1509	convicted or found guilty of, or entered a plea of nolo 1016
1510	1510	contendere to, regardless of adjudication, a crime in any 1017
1511	1511	jurisdiction. 1018
1512	1512	(s)(p) Being unable to perform the functions of a 1019
1513	1513	professional guardian with reasonable skill by reason of illness 1020
1514	1514	or use of alcohol, drugs, narcotics, chemicals, or any other 1021
1515	1515	type of substance or as a result of any mental or physical 1022
1516	1516	condition. 1023
1517	1517	(t)(q) Failing to post and maintain a blanket fiduciary 1024
1518	1518	bond pursuant to s. 744.2003. 1025
1519	1519
1520	1520	HB 1457 2025
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1522	1522
1523	1523
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1527	1527	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
1528	1528
1529	1529
1530	1530
1531	1531	(u)(r) Failing to maintain all records pertaining to a 1026
1532	1532	guardianship for a reasonable time after the court has closed 1027
1533	1533	the guardianship matter. 1028
1534	1534	(v) Failing to immediately report the Department of 1029
1535	1535	Children and Families' Adult Protective Se rvices Unit and local 1030
1536	1536	law enforcement incidents of abuse, neglect, or exploitation. 1031
1537	1537	(w)(s) Violating any provision of this chapter or any rule 1032
1538	1538	adopted pursuant thereto. 1033
1539	1539	(2) When the Office of Public and Professional Guardians 1034
1540	1540	finds any person a professional guardian guilty of violating 1035
1541	1541	subsection (1), it may enter an order imposing one or more of 1036
1542	1542	the following penalties: 1037
1543	1543	(a) Refusal to register an applicant as a professional 1038
1544	1544	guardian. 1039
1545	1545	(b) Suspension or permanent revocation of a professional 1040
1546	1546	guardian's registration. 1041
1547	1547	(c) Issuance of a reprimand or letter of concern. 1042
1548	1548	(d) Requirement that the professional guardian undergo 1043
1549	1549	treatment, attend continuing education courses, submit to 1044
1550	1550	reexamination, or satisfy any terms that are reasonably tailored 1045
1551	1551	to the violations found. 1046
1552	1552	(e) Requirement that the professional guardian pay 1047
1553	1553	restitution of any funds obtained, disbursed, or obtained 1048
1554	1554	through a violation of any statute, rule, or other legal 1049
1555	1555	authority to a ward or the ward's estate, if applicable. 1050
1556	1556
1557	1557	HB 1457 2025
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1559	1559
1560	1560
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1564	1564	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
1565	1565
1566	1566
1567	1567
1568	1568	(f) Requirement that the professional guardian pay a fine, 1051
1569	1569	not to exceed $500 per violation. 1052
1570	1570	(g) Requirement that the professional guardian pay the 1053
1571	1571	costs of investigation and prosecution. 1054
1572	1572	(h)(f) Requirement that the professional guardian undergo 1055
1573	1573	remedial education. 1056
1574	1574	Section 19. Section 744.20061, Florida Statutes, is 1057
1575	1575	created to read: 1058
1576	1576	744.20061 Office of public guardian boards; conflicts of 1059
1577	1577	interest.— 1060
1578	1578	(1) In order to serve as an office of public guardian, an 1061
1579	1579	entity must: 1062
1580	1580	(a) Be organized as a Florida corpo ration or a 1063
1581	1581	governmental entity. 1064
1582	1582	(b)1. Be governed by a board of directors. Board members 1065
1583	1583	shall provide oversight and ensure accountability and 1066
1584	1584	transparency for the system of care. The board of directors 1067
1585	1585	shall provide fiduciary oversight to prevent confl icts of 1068
1586	1586	interest, promote accountability and transparency, and protect 1069
1587	1587	state and federal funding from misuse. The board of directors 1070
1588	1588	shall act in accordance with s. 617.0830. The membership of the 1071
1589	1589	board of directors must be described in the bylaws or artic les 1072
1590	1590	of incorporation of each office of public guardian, which must 1073
1591	1591	provide that 100 percent of the membership of the board of 1074
1592	1592	directors must be composed of persons residing within the 1075
1593	1593
1594	1594	HB 1457 2025
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1596	1596
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1601	1601	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
1602	1602
1603	1603
1604	1604
1605	1605	service area of the office of public guardian. The office of 1076
1606	1606	public guardian shall ensure that board members participate in 1077
1607	1607	annual training related to their responsibilities. The 1078
1608	1608	Department of Elderly Affairs shall provide minimum training 1079
1609	1609	criteria in the contracts with the offices of public guardian. 1080
1610	1610	2. The powers of the bo ard of directors include, but are 1081
1611	1611	not limited to, approving the office of public guardian's budget 1082
1612	1612	and setting the office of public guardian's operational policy 1083
1613	1613	and procedures. A board of directors must additionally have the 1084
1614	1614	power to hire the office of pu blic guardian's executive 1085
1615	1615	director. 1086
1616	1616	(c) Demonstrate financial responsibility through an 1087
1617	1617	organized plan for regular fiscal audits and the posting of a 1088
1618	1618	performance bond to cover any costs associated with the assessed 1089
1619	1619	penalties related to a failure to discl ose a conflict of 1090
1620	1620	interest under subsection (3). 1091
1621	1621	(2) As used in this section, the term: 1092
1622	1622	(a) "Activity" includes, but is not limited to, a contract 1093
1623	1623	for goods and services, a contract for the purchase of any real 1094
1624	1624	or tangible property, or an agreement to engage with an office 1095
1625	1625	of public guardian for the benefit of a third party in exchange 1096
1626	1626	for an interest in real or tangible property, a monetary 1097
1627	1627	benefit, or an in-kind contribution. 1098
1628	1628	(b) "Conflict of interest" means when a board member, a 1099
1629	1629	director, or an officer, or a relative of a board member, a 1100
1630	1630
1631	1631	HB 1457 2025
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1638	1638	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
1639	1639
1640	1640
1641	1641
1642	1642	director, or an officer of an office of public guardian does any 1101
1643	1643	of the following: 1102
1644	1644	1. Enters into a contract or other transaction for goo ds 1103
1645	1645	or services with the office of public guardian. 1104
1646	1646	2. Holds a direct or indirect interest in a corporation, 1105
1647	1647	limited liability corporation, partnership, limited liability 1106
1648	1648	partnership, or other business entity that conducts business 1107
1649	1649	with the office of publ ic guardian or proposes to enter into a 1108
1650	1650	contract or other transaction with the office of public 1109
1651	1651	guardian. For purposes of this paragraph, the term "indirect 1110
1652	1652	interest" has the same meaning as in s. 112.312. 1111
1653	1653	3. Knowingly obtains a direct or indirect person al, 1112
1654	1654	financial, professional, or other benefit as a result of the 1113
1655	1655	relationship of such board member, director, or officer, or 1114
1656	1656	relative of the board member, director, or officer, with the 1115
1657	1657	office of public guardian. For purposes of this paragraph, the 1116
1658	1658	term "benefit" does not include per diem and travel expenses 1117
1659	1659	paid or reimbursed to board members or officers of the office of 1118
1660	1660	public guardian in connection with their service on the board. 1119
1661	1661	(c) "Related party" means any entity of which a director 1120
1662	1662	or an officer of the entity is also directly or indirectly 1121
1663	1663	related to, or has a direct or indirect financial or other 1122
1664	1664	material interest in, the office of public guardian. The term 1123
1665	1665	also includes any subsidiary firm, parent entity, associate 1124
1666	1666	firm, or joint venture. 1125
1667	1667
1668	1668	HB 1457 2025
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1675	1675	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
1676	1676
1677	1677
1678	1678
1679	1679	(d) "Relative" means a relative within the third degree of 1126
1680	1680	consanguinity by blood or marriage. 1127
1681	1681	(3)(a)1. For any activity that is presented to the board 1128
1682	1682	of an office of public guardian for its initial consideration 1129
1683	1683	and approval, or any activity that involves a contract that is 1130
1684	1684	being considered for renewal, a board member, a director, or an 1131
1685	1685	officer of an office of public guardian shall disclose to the 1132
1686	1686	board any activity that may reasonably be construed to be a 1133
1687	1687	conflict of interest before such activity is initia lly 1134
1688	1688	considered and approved or a contract is renewed by the board. A 1135
1689	1689	rebuttable presumption of a conflict of interest exists if the 1136
1690	1690	activity was acted on by the board without prior notice as 1137
1691	1691	required under paragraph (b). The board shall immediately 1138
1692	1692	disclose any known actual or potential conflicts to the 1139
1693	1693	Department of Elderly Affairs. 1140
1694	1694	2. An office of public guardian may not enter into a 1141
1695	1695	contract or be a party to any transaction with related parties 1142
1696	1696	if a conflict of interest is not properly disclosed. 1143
1697	1697	(b)1. If a board member, a director, or an officer of an 1144
1698	1698	office of public guardian, or a relative of a board member or an 1145
1699	1699	officer, proposes to engage in an activity as described in 1146
1700	1700	subparagraph (a)1., the proposed activity must be listed on the 1147
1701	1701	meeting agenda for the next general or special meeting of the 1148
1702	1702	board members, and copies of all contracts and transactional 1149
1703	1703	documents related to the proposed activity must be included in 1150
1704	1704
1705	1705	HB 1457 2025
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1712	1712	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
1713	1713
1714	1714
1715	1715
1716	1716	the agenda. The meeting agenda must clearly identify the 1151
1717	1717	existence of a potential co nflict of interest for the proposed 1152
1718	1718	activity. Before a board member or an officer of the office of 1153
1719	1719	public guardian, or a relative of a board member or an officer, 1154
1720	1720	engages in the proposed activity, the activity and contract or 1155
1721	1721	other transactional documents must be approved by an affirmative 1156
1722	1722	vote of two-thirds of all other board members present. 1157
1723	1723	2. If a board member, a director, or an officer of the 1158
1724	1724	office of public guardian notifies the board of a potential 1159
1725	1725	conflict of interest with the board member or off icer, or a 1160
1726	1726	relative of the board member or officer, under an existing 1161
1727	1727	contract as described in subparagraph (a)2., the board must 1162
1728	1728	notice the activity on a meeting agenda for the next general or 1163
1729	1729	special meeting of the board members, and copies of all 1164
1730	1730	contracts and transactional documents related to the activity 1165
1731	1731	must be attached. The meeting agenda must clearly identify the 1166
1732	1732	existence of a potential conflict of interest. The board must be 1167
1733	1733	given the opportunity to approve or disapprove the conflict of 1168
1734	1734	interest by a vote of two-thirds of all other board members 1169
1735	1735	present. 1170
1736	1736	(c)1. If the board votes against the proposed activity 1171
1737	1737	under subparagraph (b)1., the board member or officer of the 1172
1738	1738	office of public guardian, or the relative of the board member 1173
1739	1739	or officer, must notify the board in writing of his or her 1174
1740	1740	intention, or his or her relative's intention, not to pursue the 1175
1741	1741
1742	1742	HB 1457 2025
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1749	1749	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
1750	1750
1751	1751
1752	1752
1753	1753	proposed activity, or the board member or officer shall withdraw 1176
1754	1754	from office before the next scheduled board meeting. If the 1177
1755	1755	board finds that a boa rd member or officer has violated this 1178
1756	1756	paragraph, the board member or officer shall be removed from 1179
1757	1757	office before the next scheduled board meeting. 1180
1758	1758	2. In the event that the board does not approve a conflict 1181
1759	1759	of interest as required under subparagraph (b)2 ., the parties to 1182
1760	1760	the activity may opt to cancel the activity or, in the 1183
1761	1761	alternative, the board member or officer of the office of public 1184
1762	1762	guardian must resign from the board before the next scheduled 1185
1763	1763	board meeting. If the activity canceled is a contract, t he 1186
1764	1764	office of public guardian is only liable for the reasonable 1187
1765	1765	value of the goods and services provided up to the time of 1188
1766	1766	cancellation and is not liable for any termination fee, 1189
1767	1767	liquidated damages, or other form of penalty for such 1190
1768	1768	cancellation. 1191
1769	1769	(d) A board member or an officer of an office of public 1192
1770	1770	guardian, or a relative of a board member or an officer, who is 1193
1771	1771	a party to, or has an interest in, an activity that is a 1194
1772	1772	possible conflict of interest may attend the meeting at which 1195
1773	1773	the activity is considere d by the board and may make a 1196
1774	1774	presentation to the board regarding the activity. After the 1197
1775	1775	presentation, the board member or officer, or the relative of 1198
1776	1776	the board member or officer, must leave the meeting during the 1199
1777	1777	discussion of, and the vote on, the activ ity. A board member or 1200
1778	1778
1779	1779	HB 1457 2025
1780	1780
1781	1781
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1786	1786	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
1787	1787
1788	1788
1789	1789
1790	1790	an officer who is a party to, or has an interest in, the 1201
1791	1791	activity shall recuse himself or herself from the vote. 1202
1792	1792	(e) A contract entered into between a board member or an 1203
1793	1793	officer of an office of public guardian, or a relative of a 1204
1794	1794	board member, a director, or an officer, and the office of 1205
1795	1795	public guardian which has not been properly disclosed as a 1206
1796	1796	conflict of interest or potential conflict of interest under 1207
1797	1797	this section is voidable and terminates upon the filing of a 1208
1798	1798	written notice terminating the contract with the board of 1209
1799	1799	directors which contains the consent of at least 20 percent of 1210
1800	1800	the voting interests of the office of public guardian. 1211
1801	1801	(f)1. All Department of Elderly Affairs contracts with 1212
1802	1802	offices of public guardian must contain the following 1213
1803	1803	contractual penalty provisions: 1214
1804	1804	a. Penalties in the amount of $5,000 per occurrence must 1215
1805	1805	be imposed for each known and potential conflict of interest, as 1216
1806	1806	described in paragraph (b), which is not disclosed to the 1217
1807	1807	Department of Elderly Affair s. 1218
1808	1808	b. If a contract is executed for which a conflict of 1219
1809	1809	interest was not disclosed to the Department of Elderly Affairs 1220
1810	1810	before execution of the contract, the following penalties apply: 1221
1811	1811	(I) A penalty in the amount of $20,000 for a first 1222
1812	1812	offense. 1223
1813	1813	(II) A penalty in the amount of $30,000 for a second or 1224
1814	1814	subsequent offense. 1225
1815	1815
1816	1816	HB 1457 2025
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1818	1818
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1823	1823	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
1824	1824
1825	1825
1826	1826
1827	1827	(III) Removal of the board member who did not disclose a 1226
1828	1828	known conflict of interest. 1227
1829	1829	2. The penalties for failure to disclose a conflict of 1228
1830	1830	interest under sub-subparagraphs 1.a. and b. apply to any 1229
1831	1831	contract entered into, regardless of the method of procurement, 1230
1832	1832	including, but not limited to, formal procurement, single -source 1231
1833	1833	contracts, and contracts that do not meet the minimum threshold 1232
1834	1834	for formal procurement. 1233
1835	1835	3. A contract procur ed for which a conflict of interest 1234
1836	1836	was not disclosed to the Department of Elderly Affairs before 1235
1837	1837	execution of the contract must be reprocured. The Department of 1236
1838	1838	Elderly Affairs shall recoup from the office of public guardian 1237
1839	1839	expenses related to a contract that was executed without 1238
1840	1840	disclosure of a conflict of interest. 1239
1841	1841	Section 20. Subsection (5) of section 744.2103, Florida 1240
1842	1842	Statutes, is amended to read: 1241
1843	1843	744.2103 Reports and standards. — 1242
1844	1844	(5)(a) Each office of public guardian shall undergo an 1243
1845	1845	independent audit by a qualified certified public accountant at 1244
1846	1846	least annually, including all ward property under the control or 1245
1847	1847	administration of the guardian. Upon receipt, once every 2 1246
1848	1848	years. a copy of the audit report shall be submitted to the 1247
1849	1849	Office of Public and Professional Guardians. 1248
1850	1850	(b) If the public guardian is a corporate not for profit, 1249
1851	1851	it shall submit a copy of its annual IRS Form 990 to the Office 1250
1852	1852
1853	1853	HB 1457 2025
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1855	1855
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1860	1860	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
1861	1861
1862	1862
1863	1863
1864	1864	of Public and Professional Guardians annually. 1251
1865	1865	(c)(b) In addition to regular monitoring activities, th e 1252
1866	1866	Office of Public and Professional Guardians shall conduct an 1253
1867	1867	investigation into the practices of each office of public 1254
1868	1868	guardian related to the managing of each ward's personal affairs 1255
1869	1869	and property. If feasible, the investigation shall be conducted 1256
1870	1870	in conjunction with the financial audit of each office of public 1257
1871	1871	guardian under paragraph (a). 1258
1872	1872	Section 21. Subsection (2) of section 744.2104, Florida 1259
1873	1873	Statutes, is renumbered as subsection (4), and new subsections 1260
1874	1874	(2) and (3) are added to that section, amend ed to read: 1261
1875	1875	744.2104 Access to records by the Office of Public and 1262
1876	1876	Professional Guardians; confidentiality. — 1263
1877	1877	(2) In conducting an investigation, the Office of Public 1264
1878	1878	and Professional Guardians may issue subpoenas duces tecum to 1265
1879	1879	financial institutions, insurance companies, the ward's 1266
1880	1880	caregivers, any facility at which the ward is or has resided, 1267
1881	1881	and the guardian to compel the production of records relevant to 1268
1882	1882	the investigation conducted by the office. 1269
1883	1883	(3) If there is substantial noncompliance with a subpoena 1270
1884	1884	duces tecum issued by the office, the office may petition the 1271
1885	1885	court in the county in which the person res ides or has or his 1272
1886	1886	place of business for an order requiring the person to produce 1273
1887	1887	such records as specified in the subpoena duces tecum. 1274
1888	1888	Section 22. Subsection (1) of section 744.351, Florida 1275
1889	1889
1890	1890	HB 1457 2025
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1892	1892
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1897	1897	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
1898	1898
1899	1899
1900	1900
1901	1901	Statutes, is amended to read: 1276
1902	1902	744.351 Bond of guardian. — 1277
1903	1903	(1) Before exercising his or her authority as guardian, 1278
1904	1904	every person appointed a guardian of the property of a ward in 1279
1905	1905	this state shall file a bond with surety as prescribed in s. 1280
1906	1906	45.011 to be approved by the clerk. The bond shall be payable to 1281
1907	1907	the Governor of the state and the Governor's successors in 1282
1908	1908	office, conditioned on the faithful performance of all duties by 1283
1909	1909	the guardian. In form the bond shall be joint and several. When 1284
1910	1910	the petitioner or guardian presents compelling reasons, the 1285
1911	1911	court may waive a bond or require the use of a designated 1286
1912	1912	financial institution as defined in s. 655.005(1) , by entering a 1287
1913	1913	written order detailing the compelling reasons relied on in 1288
1914	1914	waiving the bond. 1289
1915	1915	Section 23. Paragraph (b) of subsection (13) and paragraph 1290
1916	1916	(d) of subsection (14) of section 744.361, Florida Statutes, are 1291
1917	1917	amended to read: 1292
1918	1918	744.361 Powers and duties of guardian. — 1293
1919	1919	(13) Recognizing that every individual has unique needs 1294
1920	1920	and abilities, a guardian who is given authority over a ward's 1295
1921	1921	person shall, as appr opriate under the circumstances: 1296
1922	1922	(b) Allow the ward to maintain visitation or other contact 1297
1923	1923	with his or her family and friends unless a court has: the 1298
1924	1924	guardian believes that such contact may cause harm to the ward. 1299
1925	1925	1. Determined that such visitation or other contact is not 1300
1926	1926
1927	1927	HB 1457 2025
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1929	1929
1930	1930
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1934	1934	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
1935	1935
1936	1936
1937	1937
1938	1938	in the best interests of the ward; or 1301
1939	1939	2. Placed reasonable limitations on such visitation or 1302
1940	1940	other contact in a court order. 1303
1941	1941	(14) A professional guardian must ensure that each of the 1304
1942	1942	guardian's wards is personally visited by the g uardian or one of 1305
1943	1943	the guardian's professional staff at least once each calendar 1306
1944	1944	quarter. During the personal visit, the guardian or the 1307
1945	1945	guardian's professional staff person shall assess: 1308
1946	1946	(d) The nature and extent of visitation or other contact 1309
1947	1947	and communication with the ward's family and friends. 1310
1948	1948	1311
1949	1949	This subsection does not apply to a professional guardian who 1312
1950	1950	has been appointed only as guardian of the property. 1313
1951	1951	Section 24. Subsection (4) of section 744.3701, Florida 1314
1952	1952	Statutes, is amended to read: 1315
1953	1953	744.3701 Confidentiality. — 1316
1954	1954	(4) The clerk may disclose confidential information to the 1317
1955	1955	Department of Children and Families , the Department of Elderly 1318
1956	1956	Affairs, or law enforcement agencies for other purposes as 1319
1957	1957	provided by court order. 1320
1958	1958	Section 25. Subsection (12) of section 744.441, Florida 1321
1959	1959	Statutes, is amended to read: 1322
1960	1960	744.441 Powers of guardian upon court approval. —After 1323
1961	1961	obtaining approval of the court pursuant to a petition for 1324
1962	1962	authorization to act, a plenary guardian of the property, or a 1325
1963	1963
1964	1964	HB 1457 2025
1965	1965
1966	1966
1967	1967
1968	1968	CODING: Words stricken are deletions; words underlined are additions.
1969	1969	hb1457-00
1970	1970	Page 54 of 61
1971	1971	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
1972	1972
1973	1973
1974	1974
1975	1975	limited guardian of the property within the powers granted by 1326
1976	1976	the order appointing the guardian or an approved annual or 1327
1977	1977	amended guardianship report, may do all of the following: 1328
1978	1978	(12) Sell, mortgage, or lease any real or personal 1329
1979	1979	property of the estate, includi ng homestead property, or any 1330
1980	1980	interest therein for cash or credit, or for part cash and part 1331
1981	1981	credit, and with or without security for unpaid balances if the 1332
1982	1982	filed petition includes all details of the sale, including, at a 1333
1983	1983	minimum, the identity of the real estate agent, the company for 1334
1984	1984	which the agent is employed and to be used to sell the property, 1335
1985	1985	whether there is any relationship between the guardian and the 1336
1986	1986	company and, if so, the nature of that relationship and whether 1337
1987	1987	the guardian will benefit from usi ng that real estate agent or 1338
1988	1988	company identified within the petition . 1339
1989	1989	Section 26. Section 744.448, Florida Statutes, is created 1340
1990	1990	to read: 1341
1991	1991	744.448 Real property transactions. - 1342
1992	1992	(1) Notwithstanding any other provision of law to the 1343
1993	1993	contrary, a written, certified appraisal of the ward's real 1344
1994	1994	property must be completed before filing the petition for 1345
1995	1995	authorization to act. The appraisal must be completed by 1346
1996	1996	appraiser who has an active registration, license, or 1347
1997	1997	certification pursuant to part II, chapter 475. The appraisal 1348
1998	1998	must determine the fair market value the ward's real property 1349
1999	1999	and certified no longer than 90 days before filing the petition 1350
2000	2000
2001	2001	HB 1457 2025
2002	2002
2003	2003
2004	2004
2005	2005	CODING: Words stricken are deletions; words underlined are additions.
2006	2006	hb1457-00
2007	2007	Page 55 of 61
2008	2008	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
2009	2009
2010	2010
2011	2011
2012	2012	for authorization to act. 1351
2013	2013	(2) The guardian shall make every effort to market the 1352
2014	2014	property effectively, which inclu des, but is not limited to, 1353
2015	2015	employing a qualified real estate agent or broker to market the 1354
2016	2016	property appropriately in order to obtain the highest sale 1355
2017	2017	price. 1356
2018	2018	(a) Unless there is a compelling reason not to, all real 1357
2019	2019	property marketed for sale shall be pla ced on the multiple-1358
2020	2020	listing service (MLS) for a reasonable amount of time. 1359
2021	2021	(b) If real property is not sold by using the MLS, the 1360
2022	2022	guardian shall maintain detailed records supporting the 1361
2023	2023	compelling reasons the MLS was not used, for inspection by the 1362
2024	2024	court or the Office of Public and Professional Guardians. 1363
2025	2025	(3) In addition to the requirements in s. 744.447., the 1364
2026	2026	petition for authorization to act must be verified by the 1365
2027	2027	guardian and include: 1366
2028	2028	(a) How the proceeds from the sale will be used for the 1367
2029	2029	benefit the ward, as provided for under the terms of the 1368
2030	2030	guardianship plan or by law; 1369
2031	2031	(b) A full disclosure of any financial interest, direct or 1370
2032	2032	indirect, related to the sale or the proposed use of the 1371
2033	2033	proceeds of the sale by the guardian or the guardian's fami ly 1372
2034	2034	member, business partner, employer, employee, member of the 1373
2035	2035	board of a corporate professional guardian, attorney, agent, or 1374
2036	2036	any corporation or trust in which the guardian or a family 1375
2037	2037
2038	2038	HB 1457 2025
2039	2039
2040	2040
2041	2041
2042	2042	CODING: Words stricken are deletions; words underlined are additions.
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2044	2044	Page 56 of 61
2045	2045	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
2046	2046
2047	2047
2048	2048
2049	2049	member of the guardian has a beneficial interest in the 1376
2050	2050	transaction. 1377
2051	2051	(c) Documentation of any conflicts of interest, actual or 1378
2052	2052	perceived, related to the sale or the proposed use of the 1379
2053	2053	proceeds of the sale by the guardian or the guardian's family 1380
2054	2054	member, business partner, employer, employee, member of the 1381
2055	2055	board of a corporate professional guardian, attorney, agent, or 1382
2056	2056	any corporation or trust in which the guardian or a family 1383
2057	2057	member of the guardian has a beneficial interest in the 1384
2058	2058	transaction. 1385
2059	2059	(d) Notice of the petition for authorization to act must 1386
2060	2060	be given to the ward, to the next of kin, if any, and to those 1387
2061	2061	persons who have filed requests for notices and copies of 1388
2062	2062	pleadings and provide 20 days to file objections to the sale. 1389
2063	2063	(e) Provide the compelling reasons the MLS was not used, 1390
2064	2064	if applicable. 1391
2065	2065	(4) The guardian sh all maintain detailed records of all 1392
2066	2066	negotiations, offers, and communications related to the sale of 1393
2067	2067	the real property, along with copies of all documents for a 1394
2068	2068	period of 5 years after her or his discharge, notwithstanding 1395
2069	2069	any other provision of law to the contrary. The records must be 1396
2070	2070	made available for inspection and review by the Office of Public 1397
2071	2071	and Professional Guardians and the court. 1398
2072	2072	(5) In the annual accounting following the sale of the 1399
2073	2073	real property, the guardian must include the: 1400
2074	2074
2075	2075	HB 1457 2025
2076	2076
2077	2077
2078	2078
2079	2079	CODING: Words stricken are deletions; words underlined are additions.
2080	2080	hb1457-00
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2082	2082	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
2083	2083
2084	2084
2085	2085
2086	2086	(a) The executed sales contract. 1401
2087	2087	(b) The closing statement. 1402
2088	2088	(c) Evidence of how the proceeds have been used to date. 1403
2089	2089	Section 27. Subsection (12) of section 400.0060, Florida 1404
2090	2090	Statutes, is amended to read: 1405
2091	2091	400.0060 Definitions. —When used in this part, unless the 1406
2092	2092	context clearly dictates otherwise, the term: 1407
2093	2093	(12) "State council" means the State Long -Term Care 1408
2094	2094	Ombudsman Council created by s. 400.0067. 1409
2095	2095	Section 28. Paragraph (h) of subsection (2) of section 1410
2096	2096	400.0065, Florida Statutes, is amended to read: 1411
2097	2097	400.0065 State Long-Term Care Ombudsman Program; duties 1412
2098	2098	and responsibilities. — 1413
2099	2099	(2) The State Long-Term Care Ombudsman has the duty and 1414
2100	2100	authority to: 1415
2101	2101	(h) Prepare an annual report describing the activities 1416
2102	2102	carried out by the office, the state council, the districts, and 1417
2103	2103	the local councils in the year for which the report is prepared. 1418
2104	2104	The state ombudsman shall submit the report to the secretary, 1419
2105	2105	the United States Assistant Secretary for Aging, the Governor, 1420
2106	2106	the President of the Senate, the Speaker of the Ho use of 1421
2107	2107	Representatives, the Secretary of Children and Families, and the 1422
2108	2108	Secretary of the Agency for Health Care Administration at least 1423
2109	2109	30 days before the convening of the regular session of the 1424
2110	2110	Legislature. The report must, at a minimum: 1425
2111	2111
2112	2112	HB 1457 2025
2113	2113
2114	2114
2115	2115
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2119	2119	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
2120	2120
2121	2121
2122	2122
2123	2123	1. Contain and analyze data collected concerning 1426
2124	2124	complaints about and conditions in long -term care facilities and 1427
2125	2125	the disposition of such complaints. 1428
2126	2126	2. Evaluate the problems experienced by residents. 1429
2127	2127	3. Analyze the successes of the State Long -Term Care 1430
2128	2128	Ombudsman Program during the preceding year, including an 1431
2129	2129	assessment of how successfully the program has carried out its 1432
2130	2130	responsibilities under the Older Americans Act. 1433
2131	2131	4. Provide recommendations for policy, regulatory, and 1434
2132	2132	statutory changes designed to solve identif ied problems; resolve 1435
2133	2133	residents' complaints; improve residents' lives and quality of 1436
2134	2134	care; protect residents' rights, health, safety, and welfare; 1437
2135	2135	and remove any barriers to the optimal operation of the State 1438
2136	2136	Long-Term Care Ombudsman Program. 1439
2137	2137	5. Contain recommendations from the State Long -Term Care 1440
2138	2138	Ombudsman Council regarding program functions and activities and 1441
2139	2139	recommendations for policy, regulatory, and statutory changes 1442
2140	2140	designed to protect residents' rights, health, safety, and 1443
2141	2141	welfare. 1444
2142	2142	6. Contain any relevant recommendations from the 1445
2143	2143	representatives of the State Long -Term Care Ombudsman Program 1446
2144	2144	regarding program functions and activities. 1447
2145	2145	Section 29. Subsection (2) of section 400.0073, Florida 1448
2146	2146	Statutes, is amended to read: 1449
2147	2147	400.0073 State and loc al ombudsman council 1450
2148	2148
2149	2149	HB 1457 2025
2150	2150
2151	2151
2152	2152
2153	2153	CODING: Words stricken are deletions; words underlined are additions.
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2156	2156	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
2157	2157
2158	2158
2159	2159
2160	2160	investigations.— 1451
2161	2161	(2) Subsequent to an appeal from a local council, the 1452
2162	2162	state council may investigate any complaint received by the 1453
2163	2163	local council involving a long -term care facility or a resident. 1454
2164	2164	Section 30. Paragraph (a) of subs ection (1) and paragraph 1455
2165	2165	(a) of subsection (2) of section 400.0075, Florida Statutes, are 1456
2166	2166	amended to read: 1457
2167	2167	400.0075 Complaint notification and resolution 1458
2168	2168	procedures.— 1459
2169	2169	(1)(a) Any complaint verified by a representative of the 1460
2170	2170	State Long-Term Care Ombudsman Program as a result of an 1461
2171	2171	investigation which is determined by the local council to 1462
2172	2172	require remedial action may be identified and brought to the 1463
2173	2173	attention of the long -term care facility administrator subject 1464
2174	2174	to the confidentiality provisions of s. 400.0 077. Upon receipt 1465
2175	2175	of the information, the administrator, with the concurrence of 1466
2176	2176	the representative of the State Long -Term Care Ombudsman 1467
2177	2177	Program, shall establish target dates for taking appropriate 1468
2178	2178	remedial action. If, by the target date, the remedial act ion is 1469
2179	2179	not completed or forthcoming, the representative of the State 1470
2180	2180	Long-Term Care Ombudsman Program may extend the target date if 1471
2181	2181	there is reason to believe such action would facilitate the 1472
2182	2182	resolution of the complaint, or the representative of the State 1473
2183	2183	Long-Term Care Ombudsman Program may refer the complaint to the 1474
2184	2184	district manager, who may refer the complaint to the state 1475
2185	2185
2186	2186	HB 1457 2025
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2188	2188
2189	2189
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2193	2193	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
2194	2194
2195	2195
2196	2196
2197	2197	council. 1476
2198	2198	(2) Upon referral from a district or local council, the 1477
2199	2199	state ombudsman or his or her designee shall assume the 1478
2200	2200	responsibility for the disposition of the complaint. If a long -1479
2201	2201	term care facility fails to take action to resolve or remedy the 1480
2202	2202	complaint, the state ombudsman may: 1481
2203	2203	(a) In accordance with s. 400.0077, publicize the 1482
2204	2204	complaint, the recommendations of the lo cal or state council, 1483
2205	2205	and the response of the long -term care facility. 1484
2206	2206	Section 31. Subsection (2) of section 400.0087, Florida 1485
2207	2207	Statutes, is amended to read: 1486
2208	2208	400.0087 Department oversight; funding. — 1487
2209	2209	(2) The department shall monitor the State Long-Term Care 1488
2210	2210	Ombudsman Program, the state council, and the local councils to 1489
2211	2211	ensure that each is carrying out the duties delegated to it by 1490
2212	2212	state and federal law. 1491
2213	2213	Section 32. Section 430.504, Florida Statutes, is amended 1492
2214	2214	to read: 1493
2215	2215	430.504 Confidentiality o f information.—Information about 1494
2216	2216	clients of programs created or funded under s. 430.501 or s. 1495
2217	2217	430.503 which is received through files, reports, inspections, 1496
2218	2218	or otherwise, by the department or by authorized departmental 1497
2219	2219	employees, by persons who volunteer s ervices, or by persons who 1498
2220	2220	provide services to clients of programs created or funded under 1499
2221	2221	s. 430.501 or s. 430.503 through contracts with the department 1500
2222	2222
2223	2223	HB 1457 2025
2224	2224
2225	2225
2226	2226
2227	2227	CODING: Words stricken are deletions; words underlined are additions.
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2230	2230	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
2231	2231
2232	2232
2233	2233
2234	2234	is confidential and exempt from the provisions of s. 119.07(1). 1501
2235	2235	Such information may not be disclosed publicly in such a manner 1502
2236	2236	as to identify a person who receives services under s. 430.501 1503
2237	2237	or s. 430.503, unless that person or that person's legal 1504
2238	2238	guardian provides written consent. 1505
2239	2239	Section 33. This act shall take effect July 1, 2025. 1506