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
HB 845 2022
1 A bill to be entitled
2 An act relating to jurisdiction for guardianship
3 proceedings; creating part IX of ch. 744, Florida
4 Statutes, entitled the "Florida Guardianship
5 Jurisdiction Act"; creating s. 744.74, F.S.; providing
6 a short title; creating s. 744.75, F.S.; providing
7 legislative purpose and construction; creating s.
8 744.76, F.S.; providing definitions; creating s.
9 744.77, F.S.; providing construction relating to
10 international application; creating s. 744.78, F.S.;
11 authorizing courts of this state to communicate with
12 courts of another state relating to certain
13 proceedings; requiring courts of this state to make a
14 record of such communication; specifying
15 communications that interested persons must be able to
16 participate in; creating s. 744.79, F.S.; specifying
17 actions that a court of this state may request from,
18 and perform for, a court of another state in certain
19 guardianship proceedings; creating s. 744.80, F.S.;
20 authorizing courts of this state to permit witness
21 testimony by certain means; providing that certain
22 evidence may be excluded after a judicial
23 determination of admissibility; creating s. 744.81,
24 F.S.; specifying factors a court must consider in
25 determining whether a respondent has a significant
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26 connection with a particular state; creating s.
27 744.82, F.S.; providing construction relating to the
28 basis for jurisdiction; creating s. 744.83, F.S.;
29 specifying circumstances when a court of this state
30 has jurisdiction in certain guardianship proceedings;
31 creating s. 744.84, F.S.; specifying the special
32 jurisdiction of courts of this state; providing
33 procedures relating to the appointment of an emergency
34 temporary guardian under certain circumstances;
35 creating s. 744.85, F.S.; providing that a court that
36 has appointed a guardian has exclusive and continuing
37 jurisdiction until certain conditions are met;
38 creating s. 744.86, F.S.; authorizing a court of this
39 state to decline to exercise its jurisdiction under
40 certain circumstances; specifying requirements for
41 such court; specifying factors a court must consider
42 in determining whether it is an appropriate forum;
43 creating s. 744.87, F.S.; authorizing a court to
44 decline to exercise jurisdiction or to exercise
45 jurisdiction for a limited purpose under certain
46 circumstances; authorizing a court to assess certain
47 expenses against certain persons; prohibiting the
48 court from assessing certain fees, costs, or expenses
49 against this state; creating s. 744.88, F.S.;
50 providing notice requirements for certain petitions to
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51 appoint a guardian; creating s. 744.89, F.S.;
52 providing procedures when certain proceedings are
53 pending in more than one state; creating s. 744.90,
54 F.S.; authorizing a guardian appointed in this state
55 to petition to transfer the guardianship to another
56 state; providing notice requirements; providing
57 requirements and procedures for the court; specifying
58 conditions before a court issues a final order
59 confirming the transfer and terminating the
60 guardianship; providing a requirement for the guardian
61 in filing a petition for discharge; creating s.
62 744.91, F.S.; specifying requirements and procedures
63 for the transfer of a guardianship from another state;
64 providing construction; creating s. 744.92, F.S.;
65 providing a procedure for registering guardianship
66 orders in this state under certain circumstances;
67 creating s. 744.93, F.S.; providing construction
68 relating to the effect of registering a guardianship
69 order; creating s. 744.94, F.S.; providing
70 construction relating to uniformity of law; creating
71 s. 744.95, F.S.; providing construction relating to
72 the federal Electronic Signatures in Global and
73 National Commerce Act; creating s. 744.96, F.S.;
74 providing applicability; providing an effective date.
75
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76 Be It Enacted by the Legislature of the State of Florida:
77
78 Section 1. Part IX of chapter 744, Florida Statutes,
79 consisting of ss. 744.74-744.96, Florida Statutes, is created
80 and entitled the "Florida Guardianship Jurisdiction Act."
81 Section 2. Section 744.74, Florida Statutes, is created to
82 read:
83 744.74 Short title.—This act may be cited as the "Florida
84 Guardianship Jurisdiction Act."
85 Section 3. Section 744.75, Florida Statutes, is created to
86 read:
87 744.75 Purpose; construction.—The purpose of this part is
88 to provide clear direction to the courts, attorneys, guardians,
89 and individuals about the proper jurisdiction for guardianship
90 proceedings. This part is intended to supplement, but not
91 replace, the current system for determining incapacity,
92 appointing guardians, managing estates, and other procedures as
93 governed by this chapter. The general purposes of this part are
94 to:
95 (1) Avoid jurisdictional competition and conflict with
96 courts of other states in matters of guardianship.
97 (2) Establish procedures for transferring guardianship
98 from one state to another state when the incapacitated adult
99 moves.
100 (3) Avoid relitigating the guardianship decisions of other
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101 states in this state.
102 (4) Discourage the use of the interstate system for
103 continuing controversies over guardianship.
104 (5) Provide a uniform national system for registration and
105 enforcement of out-of-state guardianship orders.
106 Section 4. Section 744.76, Florida Statutes, is created to
107 read:
108 744.76 Definitions.—As used in this part, the term:
109 (1) "Adult" means an individual who has attained 18 years
110 of age.
111 (2) "Emergency" means imminent danger that the physical or
112 mental health or safety of the respondent will be seriously
113 impaired or that the respondent's property is in danger of being
114 wasted, misappropriated, or lost unless immediate action is
115 taken.
116 (3) "Guardian" has the same meaning as in s. 744.102(9)
117 and includes a limited or plenary guardian or an emergency
118 temporary guardian as set forth in this chapter.
119 (4) "Guardianship order" means an order appointing a
120 guardian.
121 (5) "Guardianship proceeding" means a judicial proceeding
122 in which an order for the appointment of a guardian is sought or
123 has been issued.
124 (6) "Home state" means the state in which the respondent
125 was physically present, including any period of temporary
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126 absence, for at least 6 consecutive months immediately before
127 the filing of a petition for incapacity, guardianship, or
128 similar petition. If no such state exists, then the home state
129 is the state in which the respondent was physically present,
130 including any period of temporary absence, for at least 6
131 consecutive months ending within the 6 months immediately before
132 the filing of the petition.
133 (7) "Incapacitated person" means a person who has been
134 adjudicated by a court of competent jurisdiction to lack the
135 capacity to manage at least some of his or her property or to
136 meet at least some of his or her essential health and safety
137 requirements, and for whom a guardian has been appointed.
138 (8) "Interested person" has the same meaning as in s.
139 731.201.
140 (9) "Party" means the respondent, petitioner, guardian,
141 conservator, or any other person allowed by the court to
142 participate in a guardianship, incapacity, or similar
143 proceeding.
144 (10) "Person," except when used in the terms
145 "incapacitated person" or "interested person," includes
146 individuals, children, firms, associations, joint adventures,
147 partnerships, estates, trusts, business trusts, syndicates,
148 fiduciaries, corporations, and all other groups or combinations
149 thereof, as defined in s. 1.01(3).
150 (11) "Respondent" means an adult for whom the appointment
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151 of a guardian is sought.
152 (12) "Significant-connection state" means a state, other
153 than the home state, with which a respondent has a significant
154 connection other than mere physical presence, and in which
155 substantial evidence concerning the respondent is available.
156 (13) "State" means a state of the United States, the
157 District of Columbia, Puerto Rico, the United States Virgin
158 Islands, a federally recognized Indian tribe, or any territory
159 or insular possession subject to the jurisdiction of the United
160 States.
161 (14) "Ward" means a person for whom a guardian or
162 conservator has been appointed.
163 Section 5. Section 744.77, Florida Statutes, is created to
164 read:
165 744.77 International application of part.—A court of this
166 state shall treat a foreign country as if it were a state of the
167 United States for purposes of applying this part.
168 Section 6. Section 744.78, Florida Statutes, is created to
169 read:
170 744.78 Communication between courts.—
171 (1) A court of this state may communicate with a court of
172 another state concerning a proceeding arising under this part;
173 however, the court of this state shall make a record of the
174 communication.
175 (2) Communications between courts may not occur without
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176 the ability of interested persons to also participate in the
177 communication, either in person or by other means of
178 participation. Interested persons need not be a party to the
179 internal communications between the clerks of the various
180 courts.
181 Section 7. Section 744.79, Florida Statutes, is created to
182 read:
183 744.79 Cooperation between courts.—
184 (1) In a guardianship proceeding in this state, a court of
185 this state may request the appropriate court of another state to
186 do any of the following:
187 (a) Hold a hearing.
188 (b) Order a person in that state to produce evidence or
189 given testimony pursuant to procedures of that state.
190 (c) Order that an evaluation or assessment be made of the
191 respondent.
192 (d) Order any appropriate investigation of a person
193 involved in a proceeding.
194 (e) Forward to the court of this state a certified copy of
195 the transcript or other records of a hearing under paragraph (a)
196 or any other proceeding, any evidence otherwise produced under
197 paragraph (b), and any evaluation or assessment prepared in
198 compliance with an order under paragraph (c) or paragraph (d).
199 (f) Issue any order necessary to assure the appearance in
200 the proceeding of a person whose presence is necessary for the
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201 court to make a determination, including the respondent or the
202 incapacitated person.
203 (g) Issue an order authorizing the release of medical,
204 financial, criminal, or other relevant information in that
205 state, including protected health information as defined in 45
206 C.F.R. s. 160.103.
207 (2) If a court of another state in which a guardianship
208 proceeding is pending requests the kind of assistance described
209 in subsection (1), a court of this state has jurisdiction for
210 the limited purpose of granting the request or making reasonable
211 efforts to comply with the request.
212 Section 8. Section 744.80, Florida Statutes, is created to
213 read:
214 744.80 Taking testimony in another state.—
215 (1) In a guardianship proceeding, upon agreement of all
216 the parties, a court of this state may permit a witness located
217 in another state to be deposed or to testify by telephone,
218 audiovisual, or other electronic means.
219 (2) Documentary evidence transmitted from another state to
220 a court of t