Bill Text: FL S1338 | 2019 | Regular Session | Introduced
Bill Title: Guardianship
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Messages [S1338 Detail]
Download: Florida-2019-S1338-Introduced.html
Florida Senate - 2019 SB 1338 By Senator Rodriguez 37-01934A-19 20191338__ 1 A bill to be entitled 2 An act relating to guardianship; amending s. 744.1097, 3 F.S.; applying provisions relating to the 4 determination of venue in proceedings for the 5 appointment of a guardian to minors; amending s. 6 744.331, F.S.; requiring that a court dismiss a 7 petition for determination of incapacity if all 8 members of the examining committee conclude that the 9 person is not incapacitated, unless a certain motion 10 is filed within a specified period; providing 11 requirements for such motion; requiring the court to 12 rule on the motion as soon as practicable; authorizing 13 the court to impose sanctions under certain 14 circumstances; amending s. 744.3701, F.S.; making 15 technical revisions; providing for retroactive 16 application; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 744.1097, Florida Statutes, is amended 21 to read: 22 744.1097 Venue.— 23 (1) The venue in proceedings for declaration of incapacity 24 shall be where the alleged incapacitated person resides or is 25 found.The provisions ofThis section doesdonot apply to 26 veterans. 27 (2) The venue in proceedings for the appointment of a 28 guardian isshall be: 29 (a) If the incapacitated person or minor is a resident of 30 this state, in the county where the incapacitated person or 31 minor resides. 32 (b) If the incapacitated person or minor is not a resident 33 of this state, in any county in this state where property of the 34 incapacitated person or minor is located. 35 (c) If the incapacitated person or minor is not a resident 36 of this state and owns no property in this state, in the county 37 where any debtor of the incapacitated person or minor resides. 38 (3) When the residence of an incapacitated person or minor 39 is changed to another county, the guardian shall petition to 40 have the venue of the guardianship changed to the county of the 41 acquired residence, except as provided in s. 744.1098. 42 (4) If an incapacitated person or minor is a resident of 43 this state and is found in a county other than the county of 44 residence, the venue for declaration of incapacity and for the 45 appointment of a guardian may be the county where the 46 incapacitated person or minor is found. Upon transfer of the 47 incapacitated person or minor to the county of residence, the 48 guardian may have the venue of the guardianship changed to the 49 county of residence and a successor guardian may be appointed. 50 Section 2. Subsection (4) of section 744.331, Florida 51 Statutes is amended to read: 52 744.331 Procedures to determine incapacity.— 53 (4) DISMISSAL OF PETITION.—If all three members of the 54 examining committee conclude that the alleged incapacitated 55 person is not incapacitated in any respect, the court must 56 dismiss the petition unless a verified motion that challenges 57 the examining committee’s conclusion is filed no later than 10 58 days after service of the last examining committee report. The 59 verified motion must make a reasonable showing, by evidence in 60 the record or proffered, that a hearing on the petition is 61 necessary. The court shall rule on the verified motion as soon 62 as is practicable. If the court finds that the verified motion 63 is filed in bad faith, the court may impose sanctions under 64 subparagraph (7)(c)2.If a majority of the examining committee65members conclude that the alleged incapacitated person is not66incapacitated in any respect, the court shall dismiss the67petition.68 Section 3. Subsection (1) of section 744.3701, Florida 69 Statutes, is amended to read: 70 744.3701 Confidentiality.— 71 (1) Unless otherwise ordered by the court,upon a showing 72 of good cause, or unless otherwise provided by this chapter, an 73 initial, annual, or final guardianship report or amendment 74 thereto, or a court record relating to the settlement of a 75 claim, is subject to inspection only by any of the following: 76 (a) The court.,77 (b) The clerk or the clerk’s representative.,78 (c) The guardian and the guardian’s attorney.,79 (d) The guardian ad litem with regard to the settlement of 80 the claim.,81 (e) The ward if he or she is at least 14 years of age and 82 has not been determined to be totally incapacitated.,83 (f) The ward’s attorney.,84 (g) The minor if he or she is at least 14 years of age., or85 (h) The attorney representing the minor with regard to the 86 minor’s claim,or as otherwise provided by this chapter. 87 Section 4. This act applies retroactively to all 88 proceedings pending before the effective date of this act and to 89 all proceedings commenced on or after the effective date of this 90 act. 91 Section 5. This act shall take effect upon becoming a law.