HB 1615 CS (2005) -  Guardianship

General Bill by Sands (CO-SPONSORS) Kendrick; Legg
Guardianship: Defines terms "audit" and "surrogate guardian"; provides that in the event of death, the surviving parent is the sole natural guardian of a minor; prohibits a natural guardian from using the property of the ward for the guardian's benefit without a court order; authorizes a guardian ad litem to represent a minor's interest in certain claims; increases the time an emergency temporary guardian may serve; requires that each standby guardian submit to credit and criminal background checks; provides for a guardian's criminal background investigation; provides that an incapacitated person retains the right to receive necessary services and rehabilitation necessary to maximize the quality of life; revises provisions relating to examining committees; requires a professional guardian to ensure that each ward is personally visited at least quarterly; requires that the annual guardianship plan include information on the ward's mental condition; provides for an annual guardianship plan for wards who are minors; requires the court to retain oversight for assets of a ward transferred to a trust; provides that a guardian may designate a surrogate guardian if the guardian is unavailable to act; removes a time limitation on the filing of a suggestion of capacity; revises provisions relating to reasons for removal of guardians; requires a public guardian to ensure that each ward is personally visited at least quarterly; exempts a public guardian from paying court-related fees and charges; authorizes a county to impose a surcharge on certain civil penalties to fund local participation in the public guardianship program; requires a surcharge on misdemeanor offenses to fund public guardianship programs.
Effective Date: July 1, 2005.
Last Event: Died in Civil Justice Committee, Link/Iden/Sim/Compare passed, refer to HB 1935 (Ch. 2005-236) on Friday, May 6, 2005 11:49 PM

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: CS/CS/SB 1958 Subject: Guardianship Relationship: Similar
Bill #: HB 1935 Subject: State Judicial System Relationship: Compare
Bill #: SB 1328 Subject: Civil Penalties/Guardianship Program Relationship: Compare
Bill #: CS/CS/SB 2542 Subject: State Judicial System Relationship: Compare

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Future of Florida's Families Committee 4/13/2005 10:54:37 AM
Chamber: House Committee: Future of Florida's Families Committee 4/5/2005 9:57:11 AM

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Died in Civil Justice Committee, Link/Iden/Sim/Compare passed, refer to HB 1935 (Ch. 2005-236) Time: 05/06/2005 - 11:49 PM Member: Committee: Civil Justice Committee Version:
Event: H Now in Civil Justice Committee Time: 04/13/2005 - 2:32 PM Member: Committee: Civil Justice Committee Version: c1
Event: H Remaining referral: Health & Families Council Time: 04/13/2005 - 2:32 PM Member: Committee: Health & Families Council Version: c1
Event: H Remaining referral: Justice Appropriations Committee Time: 04/13/2005 - 2:32 PM Member: Committee: Justice Appropriations Committee Version: c1
Event: H Remaining referral: Civil Justice Committee Time: 04/13/2005 - 2:32 PM Member: Committee: Civil Justice Committee Version: c1
Event: H Pending review of CS under Rule 6.3 Time: 04/13/2005 - 11:00 AM Member: Committee: Version: __
Event: H Reported out of Future of Florida's Families Committee Time: 04/13/2005 - 10:53 AM Member: Committee: Future of Florida's Families Committee Version: __
Event: H Favorable with CS by Future of Florida's Families Committee(Amended) Time: 04/06/2005 - 12:00 PM Member: Committee: Future of Florida's Families Committee Version: __
Event: H Favorable with CS by Future of Florida's Families Committee(Amended) Time: 04/06/2005 - 12:00 PM Member: Committee: Future of Florida's Families Committee Version: __
Event: H Favorable with CS by Future of Florida's Families Committee Time: 04/06/2005 - 12:00 PM Member: Committee: Future of Florida's Families Committee Version: __
Event: H Added to Future of Florida's Families Committee agenda Time: 04/04/2005 - 4:01 PM Member: Committee: Future of Florida's Families Committee Version: __
Event: H Now in Future of Florida's Families Committee Time: 03/23/2005 - 5:32 PM Member: Committee: Future of Florida's Families Committee Version: __
Event: H Referred to Health & Families Council Time: 03/23/2005 - 5:32 PM Member: Committee: Health & Families Council Version: __
Event: H Referred to Justice Appropriations Committee Time: 03/23/2005 - 5:32 PM Member: Committee: Justice Appropriations Committee Version: __
Event: H Referred to Civil Justice Committee Time: 03/23/2005 - 5:32 PM Member: Committee: Civil Justice Committee Version: __
Event: H Referred to Future of Florida's Families Committee Time: 03/23/2005 - 5:32 PM 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 Filed Time: 03/08/2005 - 9:57 AM Member: Sands Committee: Version: __

Statutes Referenced by this Bill

Statute Other Bill Citations
28.345 HB 1935
117.107
121.091 HB 147, HB 163 CS, HB 563, HB 663, HB 1097, HB 1201, HB 1665 CS, HB 1815 CS
318.18 HB 435, HB 497, HB 539, HB 831, HB 1935
709.08
744.102
744.1083
744.1085
744.301 HB 667 CS
744.3025
744.3031
744.304
744.3115
744.3135
744.3145
744.3215
744.331 HB 457 CS
744.341
744.361
744.365
744.367
744.3675
744.3678 HB 1213
744.3679
744.368
744.441 HB 457 CS
744.442
744.464
744.474
744.511
744.527
744.528
744.708 HB 1859
765.101 HB 1345 CS
938.065