HB 457 CS (2005) -  Guardianship

General Bill by Bogdanoff (CO-SPONSORS) Bullard; Flores; Goodlette; Sands
Guardianship: Excepts from a prohibition commencement of specified actions contesting trust validity by property guardians of incapacitated grantors; revises provisions relating to court monitors; requires orders of appointment and monitors' reports to be served; authorizes the court to determine which persons may inspect orders or reports; authorizes the court to enter any order necessary to protect a ward or ward's estate; authorizes a court to assess costs and attorney fees; authorizes a court to appoint a court monitor on an emergency basis; requires the monitor to report findings and recommendations; provides duties of the court relating to probable cause for the emergency appointment; authorizes the court to determine which persons may inspect orders or reports; provides requirements for a court order to show cause for the emergency appointment; specifies a time period for a monitor's authority; authorizes the court to issue enforcement injunctions or orders; authorizes the court to impose sanctions or take enforcement actions; provides for payment of reasonable fees to the monitor; requires a court to determine whether acceptable alternatives to guardianship of incapacitated persons exist; requires appointment of a guardian if no alternative exists; prohibits such appointment if an alternative exists; specifies circumstances of nonexistence of an alternative; preserves court authority to determine exercise of powers of attorney; requires a court to make findings in a ward's best interest before authorizing a guardian to bring actions; requires a court to review continuing needs for guardians and delegation of a ward's rights; requires guardians to immediately report judicial determinations in guardianship proceedings; requires a court to review continuing needs for guardians and delegation of a ward's rights.
Effective Date: upon becoming a law.
Last Event: Died in Justice Council on Friday, May 6, 2005 11:49 PM

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: HB 947 CS Subject: Public Records Exemptions Relationship: Linked
Bill #: CS/SB 64 Subject: Guardianship Relationship: Similar
Bill #: CS/CS/SB 1810 Subject: Court Monitors/Pub. Rec. Relationship: Compare

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Justice Appropriations Committee 3/18/2005 12:44:53 PM
Chamber: House Committee: Justice Appropriations Committee 3/17/2005 3:02:30 PM
Chamber: House Committee: Future of Florida's Families Committee 3/9/2005 8:42:42 PM
Chamber: House Committee: Future of Florida's Families Committee 3/7/2005 3:05:15 PM
Chamber: House Committee: Civil Justice Committee 2/23/2005 4:44:03 PM
Chamber: House Committee: Civil Justice Committee 2/21/2005 3:52:51 PM

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Died in Justice Council Time: 05/06/2005 - 11:49 PM Member: Committee: Justice Council Version:
Event: H Now in Justice Council Time: 03/18/2005 - 12:46 PM Member: Committee: Justice Council Version: c1
Event: H Reported out of Justice Appropriations Committee Time: 03/18/2005 - 12:46 PM Member: Committee: Justice Appropriations Committee Version: c1
Event: H Favorable by Justice Appropriations Committee Time: 03/18/2005 - 12:03 PM Member: Committee: Justice Appropriations Committee Version: c1
Event: H Added to Justice Appropriations Committee agenda Time: 03/16/2005 - 4:14 PM Member: Committee: Justice Appropriations Committee Version: c1
Event: H Now in Justice Appropriations Committee Time: 03/10/2005 - 7:39 AM Member: Committee: Justice Appropriations Committee Version: c1
Event: H Remaining referral: Justice Council Time: 03/10/2005 - 7:39 AM Member: Committee: Justice Council Version: c1
Event: H Remaining referral: Justice Appropriations Committee Time: 03/10/2005 - 7:39 AM Member: Committee: Justice Appropriations Committee Version: c1
Event: H Pending review of CS under Rule 6.3 Time: 03/09/2005 - 8:45 PM Member: Committee: Version: __
Event: H Reported out of Future of Florida's Families Committee Time: 03/09/2005 - 8:29 PM Member: Committee: Future of Florida's Families Committee Version: __
Event: H Favorable with CS by Future of Florida's Families Committee Time: 03/09/2005 - 11:18 AM Member: Committee: Future of Florida's Families Committee Version: __
Event: H 1st Reading Time: 03/08/2005 - 10:57 PM Member: Committee: Version: __
Event: H Added to Future of Florida's Families Committee agenda Time: 03/07/2005 - 4:15 PM Member: Committee: Future of Florida's Families Committee Version: __
Event: H Now in Future of Florida's Families Committee Time: 02/23/2005 - 5:09 PM Member: Committee: Future of Florida's Families Committee Version: __
Event: H Reported out of Civil Justice Committee Time: 02/23/2005 - 5:09 PM Member: Committee: Civil Justice Committee Version: __
Event: H Favorable by Civil Justice Committee Time: 02/23/2005 - 12:00 PM Member: Committee: Civil Justice Committee Version: __
Event: H Added to Civil Justice Committee agenda Time: 02/11/2005 - 4:03 PM Member: Committee: Civil Justice Committee Version:
Event: H Now in Civil Justice Committee Time: 02/07/2005 - 10:36 AM Member: Committee: Civil Justice Committee Version:
Event: H Bill referred to committee Time: 02/07/2005 - 10:36 AM Member: Committee: Justice Council Version:
Event: H Bill referred to committee Time: 02/07/2005 - 10:36 AM Member: Committee: Justice Appropriations Committee Version:
Event: H Bill referred to committee Time: 02/07/2005 - 10:36 AM Member: Committee: Future of Florida's Families Committee Version:
Event: H Bill referred to committee Time: 02/07/2005 - 10:36 AM Member: Committee: Civil Justice Committee Version:
Event: H Filed Time: 01/23/2005 - 1:50 PM Member: Bogdanoff Committee: Version:

Statutes Referenced by this Bill

Statute Other Bill Citations
737.2065
744.107
744.1075
744.331 HB 1615 CS
744.441 HB 1615 CS
744.462