The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 1710
INTRODUCER: Rules Committee; Children, Families, and Elder Affairs Committee; and Senator
Bradley and others
SUBJECT: Guardianship
DATE: March 2, 2022 REVISED: 2/28/22
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Delia Cox CF Fav/CS
2. Gerbrandt Sadberry AP Fav/1 Amendment
3. Delia Phelps RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1710 requires the Florida Clerks of Court Operations Corporation (the CCOC) to
establish two statewide databases of guardianship information, one publicly searchable database
and webpage intended to increase public transparency and a second that is accessible to judges
and their direct staff with the goal of increasing judicial oversight in guardianship matters.
Additionally, the bill requires the Department of Elder Affairs (DOEA) to create a publicly
accessible webpage that contains specified guardian information, including disciplinary actions
taken against a professional guardian.
The bill provides a number of provisions related to the CCOC databases, including:
 Requiring the CCOC, on or after July 1, 2023, to create a limited access statewide database
for the judiciary to increase judicial oversight and a publicly searchable website and database
to increase transparency with the public.
 Requiring the judicial oversight database to be accessible only by the judiciary and their
direct staff to perform court personnel's duties.
 Providing an enumerated list of data elements that must, at a minimum, be included and list
of searchable elements that must, at a minimum, be included in the judicial oversight
database.
 Requiring the COCC, on or after July 1, 2023, to also create a publicly accessible and
searchable webpage that contains specified guardian information.
BILL: CS/CS/SB 1710 Page 2
 Requiring the CCOC to generate and publish monthly reports of statistical data and generate
other reports upon request by certain entities.
 Requiring the CCOC to work with stakeholders to develop proposed lists of data elements for
inclusion in the judicial oversight and publicly searchable databases and provide the lists to
the Governor and Legislature by January 1, 2023.
Further, the bill requires the OPPAGA to conduct a comparative analysis and to study trends in
the use of Florida’s guardianship system and provide an annual report to the Governor and the
Legislature beginning in 2024 through 2027.
The bill is anticipated to have a significant negative fiscal impact on the CCOC and the clerks of
court due to the cost of creating and maintaining the database and guardian registration profiles.
Additionally, the bill has a significant negative fiscal impact on the DOEA related to the
transmission of data to the CCOC and clerks of court, and from publishing professional guardian
profiles on their website. The bill provides specific appropriations to the DOEA and the Justice
Administrative Commission for the CCOC. See Section V. Fiscal Impact Statement.
The bill is effective July 1, 2022.
II. Present Situation:
Guardianship
When an individual is unable to make legal decisions regarding his or her person or property, a
guardian may be appointed to act on his or her behalf. A guardian is someone who is appointed
by the court to act on behalf of a ward (an individual who has been adjudicated incapacitated)
regarding his or her person or property or both.1 Adjudicating a person totally incapacitated and
in need of a guardian deprives a person of his or her civil and legal rights.2 The Legislature has
recognized that the least restrictive form of guardianship should be used to ensure the most
appropriate level of care and the protection of that person’s rights.3
The process to determine an individual’s incapacity and the subsequent appointment of a
guardian begins with a verified petition detailing the factual information supporting the reasons
the petitioner believes the individual to be incapacitated, including the rights the alleged
incapacitated person is incapable of exercising.4 Once a person has been adjudicated
incapacitated, termed a “ward”, the court appoints a guardian and the letters of guardianship are
issued.5 The order appointing a guardian must be consistent with the ward’s welfare and safety,
must be the least restrictive appropriate alternative, and must reserve to the ward the right to
make decisions in all matters commensurate with his or her ability to do so.6
1
Section 744.102(9), F.S.
2
Section 744.1012(1), F.S.
3
Section 744.1012(2), F.S
4
Section 744.3201, F.S.
5
See s. 744.345, F.S.
6
Section 744.2005, F.S.
BILL: CS/CS/SB 1710 Page 3
Types of Guardians
Two Main Forms of Guardianship
There are two main forms of guardianship:
 Guardianship over the person; or
 Guardianship over the property, which may be limited or plenary.7
For adults, a guardianship may be established when a person has demonstrated that he or she is
unable to manage his or her own affairs. If the adult is competent, this can be accomplished
voluntarily.8 However, when an individual’s mental competence is in question, an involuntary
guardianship may be established through the adjudication of incompetence which is determined
by a court appointed examination committee.9
Natural Guardians
Parents are considered natural guardians of their biological and adopted children, up until the
time that their children cease to be minors, or unless the parents’ parental rights have been
terminated.10
Guardian Advocates
Guardian advocates are appointed by the court for persons with developmental disabilities.11 A
circuit court may appoint a guardian advocate, without an adjudication of incapacity, for a
developmentally disabled individual if the person:
 Lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person,
property, or estate; or
 Has voluntarily petitioned for the appointment of a guardian advocate.12
Voluntary Guardians
A court may appoint a voluntary guardian for a person who:
 Is incapable of the care, custody, and management of his or her estate by reason of age or
physical infirmity; and
 Has voluntarily petitioned for the appointment.13
The petition must be accompanied by a certificate of a licensed physician specifying that he or
she has examined the petitioner and that the petitioner is competent to understand the nature of
the guardianship and his or her delegation of authority.14 Notice of hearing on any petition for
appointment and for authority to act must be given to the petitioner and to any person requested
7
See generally, s. 744.102(9), F.S. A plenary guardian exercises all delegable rights and powers of the ward after a court has
determined that the ward lacks the capacity to perform all of the tasks necessary to care for his or her person or property.
8
Section 744.341(1), F.S.
9
See generally, s. 744.102(12), F.S.
10
Section 744.301(1), F.S.
11
Section 744.102(11), F.S.
12
Section 744.3085, F.S.
13
Section 744.341(1), F.S.
14
Id.
BILL: CS/CS/SB 1710 Page 4
by the petitioner.15 Such request may be made in the petition for appointment of guardian or in a
subsequent written request for notice signed by the petitioner.16
Unless the voluntary guardianship is limited, a voluntary guardian appointed has the same duties
and responsibilities as are provided by law for plenary guardians of the property.17 A voluntary
guardianship may be terminated by the ward by filing a notice with the court that the voluntary
guardianship is terminated.18
Successor Guardians
A successor guardian must be appointed and duly qualified before a guardian can be relieved of
their duties.19 A successor guardian can only be appointed if a guardian dies, becomes
incapacitated, or is removed. Successor guardians are governed by the laws concerning
guardianships.20
Appointment of a Guardian
The following may be appointed guardian of a ward:
 Any resident of Florida who is 18 years of age or older and has full legal rights and capacity;
 A nonresident if he or she is related to the ward by blood, marriage, or adoption;
 A trust company, a state banking corporation, or state savings association, or a national
banking association or federal savings and loan association, provided the entity is authorized
and qualified to exercise fiduciary powers in Florida;
 A nonprofit corporation organized for religious or charitable purposes and existing under the
laws of Florida;
 A judge who is related to the ward by blood, marriage, or adoption, or has a close
relationship with the ward or the ward’s family, if he or she serves without compensation;
 A provider of health care services to the ward, whether direct or indirect, when the court
specifically finds that there is no conflict of interest with the ward’s best interests; or
 A for-profit corporation that meets certain qualifications, including being wholly owned by
the person who is the circuit's public guardian in the circuit where the corporate guardian is
appointed.21
Guardians22 who are not professional guardians are required to complete eight hours of
instruction and training through a course approved by the chief judge of the circuit court and
taught by a court-approved organization within four months after being appointed to a ward.23
The instruction and training must cover:
 The legal duties and responsibilities of the guardian;
 The rights of the ward;
15
Id.
16
Id.
17
Section 744.341(3), F.S.
18
Section 744.341(5), F.S.
19
Section 744.471, F.S.
20
Id.
21
Section 744.309, F.S.
22
Other than a parent who is the guardian of the property of a minor child.
23
Section 744.3145, F.S.
BILL: CS/CS/SB 1710 Page 5
 The availability of local resources to aid the ward; and
 The preparation of habilitation plans and annual guardianship reports, including financial
accounting for the ward’s property.24
Examining Committees
Section 744.331, F.S., sets forth the procedures for determining whether a person is
incapacitated. The notice of filing of a petition to determine incapacity and the petition for
appointment of a guardian must be read to the alleged incapacitated person.25 The alleged
incapacitated person must be provided with an attorney, who cannot serve as the guardian or
counsel for the guardian.26 Within five days of filing a petition for determination of incapacity,
the court must appoint an examining committee consisting of three members, which must include
a psychiatrist or physician and two other persons, such as a psychologist, a nurse, social worker,
gerontologist, or other qualified persons with sufficient knowledge, skill, experience, or
training.27
Each committee member must examine the person and then issue a report evaluating the person’s
mental health, functional ability, and physical health.28 The examining committee members must
each submit their examining reports within 15 days after appointment.29 Within three days after
the report is filed and at least 10 days before the hearing, a copy of the committee member’s
report must be served on the petitioner and on the attorney for the alleged incapacitated person.30
If the committee determines that the person is not incapacitated in any respect, the court must
dismiss the petition.31 However, if at least two of the three examining committee members
conclude the person is incapacitated in some respect, the court proceeds to a hearing on the
petition and makes a final determination based on the evidence presented by the parties.32
Emergency Temporary Guardianship
A court may appoint an emergency temporary guardian33 for an allegedly incapacitated person
upon a finding that there appears to be an imminent danger that:
 The physical or mental health or safety of the person will be seriously impaired; or
 The person’s property is in danger of being wasted, misappropriated, or lost unless
immediate action is taken.34
Under those circumstances, a court may appoint an emergency temporary guardian after the
filing of a petition for determination of incapacity and before the appointment of a guardian.35
24
Id.
25
Section 744.331(1), F.S.
26
Section 744.331(2)(c), F.S.
27
Section 744.331(3)(a), F.S.
28
Section 744.331(3)(e)-(f), F.S.
29
Section 744.331(3)(e), F.S.
30
Section 744.331(3)(h), F.S.
31
Section 744.331(4), F.S.
32
Section 744.331(5), F.S.
33
Section 744.3031(1), F.S.
34
Id.
35
Id.
BILL: CS/CS/SB 1710 Page 6
The court must appoint counsel to represent the alleged incapacitated person during the
proceedings.36 Further, the court may appoint an emergency temporary guardian on its own
motion if no petition for appointment of guardian has been filed when the order determining
incapacity is entered.37
Office of Public and Professional Guardians
In 1999, the Legislature created the “Public Guardianship Act” and established the Statewide
Public Guardianship Office (SPGO) within the DOEA.38 In 2016, the Legislature renamed the
Statewide Public Guardianship Office within the DOEA as the Office of Public and Professional
Guardians (OPPG), required OPPG to regulate professional guardians and investigate
complaints, and added six full-time equivalent positions to the OPPG, including an attorney and
investigators.39 The OPPG appoints local public guardian offices to provide guardianship
services to people who have neither adequate income nor assets to afford a private guardian, nor
any willing family or friend to serve.40
There are 17 public guardian offices that serve all 67 counties.41 Since 2016, approximately 550
professional guardians have registered with the OPPG.42
Complaint Investigations
Any person may submit a complaint against a professional guardian to the OPPG. Once the
OPPG receives a complaint, it is required to:
 Review and, if determined legally sufficient,43 investigate complaints against professional
guardians;
 Initiate an investigation no later than 10 business days after the OPPG receives a complaint;
 Complete and provide initial investigative findings and recommendations, if any, to the
professional guardian and person filing the complaint within 60 days;
 Obtain supporting information, including interviewing the ward, family member, or
interested party, or documentation to determine the legal sufficiency of a complaint;
 Dismiss any complaint that is not legally sufficient; and
 Coordinate with the clerks of court to avoid duplication of duties.
According to the DOEA, the annual numbers of complaints filed against a guardian or involving
a guardianship since 2016 are as follows:
 183 in 2016;
 132 in 2017;
36
Id.
37
Section 744.3031(2), F.S.
38
Chapter 99-277, L.O.F.
39
Chapter 2016-40, L.O.F.
40
The DOEA, Office of Public and Professional Guardians, available at https://elderaffairs.org/programs-services/office-of-
public-professional-guardians-oppg/ (last visited January 22, 2022).
41
The DOEA, Office of Public and Professional Guardians (OPPG), available at https://elderaffairs.org/programs-
services/office-of-public-professional-guardians-oppg/ (last visited January 23, 2022).
42
Id.
43
Section 744.2004(1), F.S., states that a complaint is legally sufficient if it contains ultimate facts that