reglab/housing_qa huggingface dataset:
FL Stat § 744.2005 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part II - Public and Professional Guardians (Ss. 744.2001-744.2111)|744.2005 - Order of appointment.

744.2005 Order of appointment.—(1) The court may hear testimony on the question of who is entitled to preference in the appointment of a guardian. Any interested person may intervene in the proceedings.(2) The order appointing a guardian must state the nature of the guardianship as either plenary or limited. If limited, the order must state that the guardian may exercise only those delegable rights which have been removed from the incapacitated person and specifically delegated to the guardian. The order shall state the specific powers and duties of the guardian.(3) The order appointing a guardian must be consistent with the incapacitated person’s welfare and safety, must be the least restrictive appropriate alternative, and must reserve to the incapacitated person the right to make decisions in all matters commensurate with the person’s ability to do so.(4) If a petition for appointment of a guardian has been filed, an order appointing a guardian must be issued contemporaneously with the order adjudicating the person incapacitated. The order must specify the amount of the bond to be given by the guardian and must state specifically whether the guardian must place all, or part, of the property of the ward in a restricted account in a financial institution designated pursuant to s. 69.031.(5) If a petition for the appointment of a guardian has not been filed or ruled upon at the time of the hearing on the petition to determine capacity, the court may appoint an emergency temporary guardian in the manner and for the purposes specified in s. 744.3031.(6) A plenary guardian shall exercise all delegable rights and powers of the incapacitated person.(7) A person for whom a limited guardian has been appointed retains all legal rights except those that have been specifically granted to the guardian in the court’s written order.History.—s. 1, ch. 74-106; ss. 12, 26, ch. 75-222; s. 39, ch. 89-96; s. 24, ch. 90-271; s. 1081, ch. 97-102; s. 12, ch. 2015-83; s. 13, ch. 2016-40.Note.—Created from former s. 744.34; former s. 744.344.
FL Stat § 744.2007 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part II - Public and Professional Guardians (Ss. 744.2001-744.2111)|744.2007 - Powers and duties.

744.2007 Powers and duties.—(1) A public guardian may serve as a guardian of a person adjudicated incapacitated under this chapter if there is no family member or friend, other person, bank, or corporation willing and qualified to serve as guardian.(2) The public guardian shall be vested with all the powers and duties of a guardian under this chapter, except as otherwise provided by law.(3) The public guardian shall primarily serve incapacitated persons who are of limited financial means, as defined by contract or rule of the Department of Elderly Affairs. The public guardian may serve incapacitated persons of greater financial means to the extent the Department of Elderly Affairs determines to be appropriate.(4) The public guardian shall be authorized to employ sufficient staff to carry out the duties of his or her office.(5) The public guardian may delegate to assistants and other members of his or her staff the powers and duties of the office of public guardian, except as otherwise limited by law. The public guardian shall retain ultimate responsibility for the discharge of his or her duties and responsibilities.(6) The public guardian, when appointed guardian of an incapacitated person, shall seek a family member or friend, other person, bank, or corporation who is qualified and willing to serve as guardian. Upon determining that there is someone qualified and willing to serve as guardian, either the public guardian or the qualified person shall petition the court for appointment of a successor guardian.(7) A public guardian may not commit a ward to a treatment facility, as defined in s. 394.455(48), without an involuntary placement proceeding as provided by law.(8) When a person is appointed successor public guardian, he or she immediately succeeds to all rights, duties, responsibilities, and powers of the preceding public guardian.(9) When the position of public guardian is vacant, subordinate personnel employed under subsection (4) shall continue to act as if the position of public guardian were filled.History.—s. 1, ch. 86-120; s. 99, ch. 89-96; s. 45, ch. 96-169; s. 1790, ch. 97-102; s. 86, ch. 99-3; s. 15, ch. 2003-57; s. 71, ch. 2006-227; s. 15, ch. 2016-40; s. 78, ch. 2016-241; s. 23, ch. 2020-39.Note.—Former s. 744.704.
FL Stat § 744.2008 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part II - Public and Professional Guardians (Ss. 744.2001-744.2111)|744.2008 - Costs of public guardian.

744.2008 Costs of public guardian.—(1) All costs of administration shall be paid from the budget of the office of public guardian. No costs of administration, including filing fees, shall be recovered from the assets or the income of the ward.(2) In any proceeding for appointment of a public guardian, or in any proceeding involving the estate of a ward for whom a public guardian has been appointed guardian, the court shall waive any court costs or filing fees.History.—s. 1, ch. 86-120; s. 100, ch. 89-96; s. 16, ch. 2016-40; s. 2, ch. 2020-73.Note.—Former s. 744.705.
FL Stat § 744.2009 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part II - Public and Professional Guardians (Ss. 744.2001-744.2111)|744.2009 - Preparation of budget.

744.2009 Preparation of budget.—Each public guardian, whether funded in whole or in part by money raised through local efforts, grants, or any other source or whether funded in whole or in part by the state, shall prepare a budget for the operation of the office of public guardian to be submitted to the Office of Public and Professional Guardians. As appropriate, the Office of Public and Professional Guardians will include such budgetary information in the Department of Elderly Affairs’ legislative budget request. The office of public guardian shall be operated within the limitations of the General Appropriations Act and any other funds appropriated by the Legislature to that particular judicial circuit, subject to the provisions of chapter 216. The Department of Elderly Affairs shall make a separate and distinct request for an appropriation for the Office of Public and Professional Guardians. However, this section may not be construed to preclude the financing of any operations of the office of public guardian by moneys raised through local effort or through the efforts of the Office of Public and Professional Guardians.History.—s. 1, ch. 86-120; s. 101, ch. 89-96; s. 6, ch. 99-277; s. 17, ch. 2016-40.Note.—Former s. 744.706.
FL Stat § 744.2101 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part II - Public and Professional Guardians (Ss. 744.2001-744.2111)|744.2101 - Procedures and rules.

744.2101 Procedures and rules.—The public guardian, subject to the oversight of the Office of Public and Professional Guardians, is authorized to:(1) Formulate and adopt necessary procedures to assure the efficient conduct of the affairs of the ward and general administration of the office and staff.(2) Contract for services necessary to discharge the duties of the office.(3) Accept the services of volunteer persons or organizations and provide reimbursement for proper and necessary expenses.History.—s. 1, ch. 86-120; s. 102, ch. 89-96; s. 7, ch. 99-277; s. 18, ch. 2016-40.Note.—Former s. 744.707.
FL Stat § 744.2102 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part II - Public and Professional Guardians (Ss. 744.2001-744.2111)|744.2102 - Surety bond.

744.2102 Surety bond.—Upon taking office, a public guardian shall file a bond with surety as prescribed in s. 45.011 to be approved by the clerk. The bond shall be payable to the Governor and the Governor’s successors in office, in the penal sum of not less than $5,000 nor more than $25,000, conditioned on the faithful performance of all duties by the guardian. The amount of the bond shall be fixed by the majority of the judges within the judicial circuit. In form the bond shall be joint and several. The bond shall be purchased from the funds of the local office of public guardian.History.—s. 1, ch. 86-120; s. 104, ch. 89-96; s. 1128, ch. 97-102; s. 11, ch. 99-277; s. 19, ch. 2016-40.Note.—Former s. 744.709.
FL Stat § 744.2103 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part II - Public and Professional Guardians (Ss. 744.2001-744.2111)|744.2103 - Reports and standards.

744.2103 Reports and standards.—(1) The public guardian shall keep and maintain proper financial, case control, and statistical records on all matters in which the public guardian serves as guardian.(2) No report or disclosure of the ward’s personal and medical records shall be made, except as authorized by law.(3) A public guardian shall file an annual report on the operations of the office of public guardian, in writing, by September 1 for the preceding fiscal year with the Office of Public and Professional Guardians, which shall have responsibility for supervision of the operations of the office of public guardian.(4) Within 6 months of his or her appointment as guardian of a ward, the public guardian shall submit to the clerk of the court for placement in the ward’s guardianship file and to the executive director of the Office of Public and Professional Guardians a report on his or her efforts to locate a family member or friend, other person, bank, or corporation to act as guardian of the ward and a report on the ward’s potential to be restored to capacity.(5)(a) Each office of public guardian shall undergo an independent audit by a qualified certified public accountant at least once every 2 years. A copy of the audit report shall be submitted to the Office of Public and Professional Guardians.(b) In addition to regular monitoring activities, the Office of Public and Professional Guardians shall conduct an investigation into the practices of each office of public guardian related to the managing of each ward’s personal affairs and property. If feasible, the investigation shall be conducted in conjunction with the financial audit of each office of public guardian under paragraph (a).(6) A public guardian shall ensure that each of the guardian’s wards is personally visited by the public guardian or by one of the guardian’s professional staff at least once each calendar quarter. During this personal visit, the public guardian or the professional staff person shall assess:(a) The ward’s physical appearance and condition.(b) The appropriateness of the ward’s current living situation.(c) The need for any additional services and the necessity for continuation of existing services, taking into consideration all aspects of social, psychological, educational, direct service, health, and personal care needs.(7) The ratio for professional staff to wards shall be 1 professional to 40 wards. The Office of Public and Professional Guardians may increase or decrease the ratio after consultation with the local public guardian and the chief judge of the circuit court. The basis for the decision to increase or decrease the prescribed ratio must be included in the annual report to the secretary.History.—s. 1, ch. 86-120; s. 103, ch. 89-96; s. 17, ch. 96-354; s. 1791, ch. 97-102; s. 8, ch. 99-277; s. 127, ch. 2001-266; s. 27, ch. 2006-178; s. 159, ch. 2010-102; s. 20, ch. 2016-40.Note.—Former s. 744.708.
FL Stat § 744.21031 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part II - Public and Professional Guardians (Ss. 744.2001-744.2111)|744.21031 - Public records exemption.

744.21031 Public records exemption.—The home addresses, telephone numbers, dates of birth, places of employment, and photographs of current or former public guardians and employees with fiduciary responsibility; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such persons; and the names and locations of schools and day care facilities attended by the children of such persons are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. As used in this section, the term “employee with fiduciary responsibility” means an employee of a public guardian who has the ability to direct any transactions of a ward’s funds, assets, or property; who under the supervision of the guardian, manages the care of the ward; or who makes any health care decision, as defined in s. 765.101, on behalf of the ward. This exemption applies to information held by an agency before, on, or after July 1, 2018. An agency that is the custodian of the information specified in this section shall maintain the exempt status of that information only if the current or former public guardians and employees with fiduciary responsibility submit to the custodial agency a written request for maintenance of the exemption. This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature.History.—s. 1, ch. 2018-16.
FL Stat § 744.2104 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part II - Public and Professional Guardians (Ss. 744.2001-744.2111)|744.2104 - Access to records by the Office of Public and Professional Guardians; confidentiality.

744.2104 Access to records by the Office of Public and Professional Guardians; confidentiality.—(1) Notwithstanding any other provision of law to the contrary, any medical, financial, or mental health records held by an agency, or the court and its agencies, or financial audits prepared by the clerk of the court pursuant to s. 744.368 and held by the court, which are necessary as part of an investigation of a guardian as a result of a complaint filed with the Office of Public and Professional Guardians to evaluate the public guardianship system, to assess the need for additional public guardianship, or to develop required reports, shall be provided to the Office of Public and Professional Guardians or its designee upon that office’s request. Any confidential or exempt information provided to the Office of Public and Professional Guardians shall continue to be held confidential or exempt as otherwise provided by law.(2) All records held by the Office of Public and Professional Guardians relating to the medical, financial, or mental health of vulnerable adults as defined in chapter 415, persons with a developmental disability as defined in chapter 393, or persons with a mental illness as defined in chapter 394, shall be confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.History.—s. 1, ch. 99-278; s. 112, ch. 2000-349; s. 1, ch. 2004-361; s. 21, ch. 2016-40; s. 1, ch. 2018-68.Note.—Former s. 744.7081.
FL Stat § 744.2107 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part II - Public and Professional Guardians (Ss. 744.2001-744.2111)|744.2107 - Program administration; duties of the Office of Public and Professional Guardians.

744.2107 Program administration; duties of the Office of Public and Professional Guardians.—The Office of Public and Professional Guardians shall administer the grant program. The office shall:(1) Publicize the availability of grant funds to entities that may be eligible for the funds.(2) Establish an application process for submitting a grant proposal.(3) Request, receive, and review proposals from applicants seeking grant funds.(4) Determine the amount of grant funds each awardee may receive and award grant funds to applicants.(5) Develop a monitoring process to evaluate grant awardees, which may include an annual monitoring visit to each awardee’s local office.(6) Ensure that persons or organizations awarded grant funds meet and adhere to the requirements of this act.History.—s. 4, ch. 2004-260; s. 108, ch. 2013-18; s. 24, ch. 2016-40.Note.—Former s. 744.713.
FL Stat § 744.2108 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part II - Public and Professional Guardians (Ss. 744.2001-744.2111)|744.2108 - Eligibility.

744.2108 Eligibility.—(1) Any person or organization that has not been awarded a grant must meet all of the following conditions to be eligible to receive a grant:(a) The applicant must meet or directly employ staff that meet the minimum qualifications for a public guardian under this chapter.(b) The applicant must have already been appointed by, or is pending appointment by, the Office of Public and Professional Guardians to become an office of public guardian in this state.(2) Any person or organization that has been awarded a grant must meet all of the following conditions to be eligible to receive another grant:(a) The applicant must meet or directly employ staff that meet the minimum qualifications for a public guardian under this chapter.(b) The applicant must have been appointed by, or is pending reappointment by, the Office of Public and Professional Guardians to be an office of public guardian in this state.(c) The applicant must have achieved a satisfactory monitoring score during the applicant’s most recent evaluation.History.—s. 5, ch. 2004-260; s. 25, ch. 2016-40.Note.—Former s. 744.714.
FL Stat § 744.2111 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part II - Public and Professional Guardians (Ss. 744.2001-744.2111)|744.2111 - Confidentiality.

744.2111 Confidentiality.—(1) The following are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, when held by the Department of Elderly Affairs in connection with a complaint filed and any subsequent investigation conducted pursuant to this part, unless the disclosure is required by court order:(a) Personal identifying information of a complainant or ward.(b) All personal health and financial records of a ward.(c) All photographs and video recordings.(2) Except as otherwise provided in this section, information held by the department, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or ceases to be active, unless the disclosure is required by court order.(3) This section does not prohibit the department from providing such information to any law enforcement agency, any other regulatory agency in the performance of its official duties and responsibilities, or the clerk of the circuit court pursuant to s. 744.368.(4) The exemption under this section applies to all documents received by the department in connection with a complaint before, on, or after July 1, 2017.(5) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature.History.—s. 1, ch. 2017-176.
FL Stat § 744.3021 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part III - Types of Guardianship (Ss. 744.301-744.3085)|744.3021 - Guardians of minors.

744.3021 Guardians of minors.—(1) Except as provided in subsection (4), upon petition of a parent, brother, sister, next of kin, or other person interested in the welfare of a minor, a guardian for a minor may be appointed by the court without the necessity of adjudication pursuant to s. 744.331. A guardian appointed for a minor, whether of the person or property, has the authority of a plenary guardian.(2) A minor is not required to attend the hearing on the petition for appointment of a guardian, unless otherwise directed by the court.(3) In its discretion, the court may appoint an attorney to represent the interests of a minor at the hearing on the petition for appointment of a guardian.(4) If a petition is filed pursuant to this section requesting appointment of a guardian for a minor who is the subject of any proceeding under chapter 39 and who is aged 17 years and 6 months or older, the court division with jurisdiction over guardianship matters has jurisdiction over the proceedings under s. 744.331. The alleged incapacitated minor under this subsection shall be provided all the due process rights conferred upon an alleged incapacitated adult pursuant to this chapter and applicable court rules. The order of adjudication under s. 744.331 and the letters of limited or plenary guardianship may issue upon the minor’s 18th birthday or as soon thereafter as possible. Any proceeding pursuant to this subsection shall be conducted separately from any other proceeding.History.—s. 9, ch. 90-271; s. 6, ch. 2015-112.
FL Stat § 744.3025 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part III - Types of Guardianship (Ss. 744.301-744.3085)|744.3025 - Claims of minors.

744.3025 Claims of minors.—(1)(a) The court may appoint a guardian ad litem to represent the minor’s interest before approving a settlement of the minor’s portion of the claim in a case in which a minor has a claim for personal injury, property damage, wrongful death, or other cause of action in which the gross settlement of the claim exceeds $15,000 if the court believes a guardian ad litem is necessary to protect the minor’s interest.(b) Except as provided in paragraph (e), the court shall appoint a guardian ad litem to represent the minor’s interest before approving a settlement of the minor’s claim in a case in which the gross settlement involving a minor equals or exceeds $50,000.(c) The appointment of the guardian ad litem must be without the necessity of bond or notice.(d) The duty of the guardian ad litem is to protect the minor’s interests as described in the Florida Probate Rules.(e) A court need not appoint a guardian ad litem for the minor if a guardian of the minor has previously been appointed and that guardian has no potential adverse interest to the minor.(2) Unless waived, the court shall award reasonable fees and costs to the guardian ad litem to be paid out of the gross proceeds of the settlement.(3) A settlement of a claim pursuant to this section is subject to the confidentiality provisions of this chapter.History.—s. 4, ch. 2006-178; s. 5, ch. 2015-83.