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HB981 SB1408 Confidentiality

 

FSGA Position

 

 

 

CS/CS/SB 232: Guardianship PASSES

GENERAL BILL by Judiciary; Children, Families, and Elder Affairs

Guardianship; Renaming the Statewide Public Guardianship Office to the Office of Public and Professional Guardians; revising the duties and responsibilities of the executive director for the Office of Public and Professional Guardians; providing that a guardian has standing to seek judicial review pursuant to specified provisions if his or her registration is denied, etc.

WHAT THE NEW LAW WILL DO

  • Encourage courts to consider appointing guardian advocates as an alternative to full guardianship.
  • Place the Florida Secretary of Elder Affairs in charge of a new Office of Public and Professional Guardians (OPPG).
  • Fund the office- six full-time staff positions in the first year, and a recurring budget of roughly $700,000.
  • Develop a way to discipline guardians who fail to meet professional standards.
  • Direct OPPG to establish standards for guardians by deadline of Oct. 1.
  • Establish training programs for guardians.
  • Establish grounds for discipline or penalties.
  • Create a matching grant program to fund local public guardianship’s for indigent wards
  • Generate procedures for monitoring guardians and looking into allegations against guardians.

 

Digital Assets SB 494

http://m.flsenate.gov/Session/Bill/2016/0494/BillText/er/PDF

 

SB 718C1 – Relating to Identification Cards by Sobel

Summary

This bill requires the Department of Highway Safety and Motor Vehicles to issue an identification

card (at the request of parent, guardian or individual with a developmental exhibiting a special

designation (a capital D) for a person who is diagnosed by a licensed physician as having a

developmental disability. The bill requires payment of an additional fee of $10 and proof of diagnosis.

It authorizes the issuance of a replacement identification card that includes the special designation

without payment. After several lengthy discussions, the Council did not take action on this bill and

will watch it. This language has been added to SB 936 which requires a good faith effort to have a

parent, guardian or professional available for an interview with Victims, Suspects, or Defendants with Autism Spectrum Disorder. See below.

SB 936 passed.

Actions

03/03/16 SENATE in Messages-amended to SB 936

Compare Bills

SB 0936 – Relating to Persons with Disabilities by Ring Passed!

03/08/16 HOUSE Read Third Time; Passed (Vote: 115 Yeas / 1 Nay)

SENATE Ordered enrolled

SENATE Enrolled Text (ER) Filed

HB 1043 – Relating to Interviews of Victims, Suspects, or Defendants with Autism Spectrum Disorder by Hager

03/07/16 HOUSE Substituted for SB 0936; Laid on Table, Refer to SB 0936

SB 230C1- Missing Persons with Special Needs by Dean

Summary

This bill creates a pilot project in specified counties to provide personal devices to aid search-and rescue

efforts for persons with special needs. The bills provide for administration of the project and

require reports. The Senate bill and the House bill are covering the same counties now.

APPROPRIATION: $100,000.00. The Council is supporting this bill and this bill passed!

Actions

03/10/16 SENATE Received from Messages; Concurred with Amendment (930249); Passed (Vote: 40

Yeas / 0 Nays)

SENATE Ordered engrossed, then enrolled

SB 7054 – Relating to Agency for Persons with Disabilities – by Children, Families, and Elder Affairs

Summary

This bill creates and amends certain statutes to provide the Agency for Persons with Disabilities

(“agency” or “APD”) the ability to assign priority of clients to the waiting list. The bill allows family

members of active duty service members to receive waiver services. The bill allows for utilization

reviews and allows contractors to use agency data management systems. The bill requires annual

reviews of persons involuntarily admitted to residential services and allows for the use of video and

audio monitoring of the comprehensive transitional education programs facilities.

The bill provides that individuals that are 18 but not yet 22 and staying in extended foster care are

eligible to receive foster care services and waiver services. The bill directs persons or entities under

contract with the agency to use the agency data management systems to document service

provision to clients. The bill clarifies the process used in development of a client’s iBudget and adds

transportation as a service that can be considered for an increase when determining the allocation

of funds to the client’s iBudget.

Additionally, the bill directs the agency to conduct utilization review activities in both public and

private intermediate care facilities as necessary to meet the requirements of the approved Medicaid

state plan and federal law. The bill provides that persons involuntarily admitted to residential services

by court order shall have such admission orders reviewed annually by a qualified evaluator

employed by the agency. Such reviews shall consider the appropriateness of placement, treatment,

habilitation, and rehabilitation in the residential setting.

The bill revises the purposes of comprehensive transitional education programs, authorizes the

agency to approve the admission or readmission of individuals to the program and provides for video

and audio recording and monitoring of common areas and program activities in the facilities. The bill

would allow the establishment of residential facilities that meets with local land use and zoning

requirements that does not exceed a capacity of 15 persons. The Council is supporting SB 7054 and

HB 1083. These bills became identical after a series of amendments and at the Senate bills last stop in appropriations, language for the Arc of Florida dental program was amended onto it. The Senate substituted SB 7054 for HB 1083 which means it does not include the dental amendment. However the dental program is continuing on a yearly basis with one million more dollars this year! Actions

03/08/16 SENATE Read Second Time; Amendment Withdrawn (668734); Substituted for HB 1083; Laid

on Table, Refer to HB 1083

Compare Bills

HB 1083 – Relating to Agency for Persons with Disabilities by Renner – Passed!

03/11/16 Signed by Officers and presented to Governor (Governor has until 03/26/16 to act on this

bill)

and more at;

http://files.ctctcdn.com/b260d50b001/cbe0615f-b871-4331-9319-80221fa11b8c.pdf  

 

Recommendations of the FSGA Ad Hoc Licensing Committee:

The FSGA Ad Hoc Licensing Study Committee met on Sunday, July 26th at the FSGA Annual Conference.  The committee is chaired by Jetta L. Getty, NCG and its committee members are comprised of:  Nationally Certified Guardians, Offices of Public Guardian, Attorneys, Professional Guardians, Clerk of Court Representatives, Fiduciaries and Paralegals.  We strongly support enhanced educational requirements for guardians, development of standards of practice, a disciplinary process, and monitoring tools to ensure adherence to statutory requirements. Please click here to read the committee’s recommendations.

 

 

 

Please see the results of the Licensing Survey- September 2014 (click the link)