Professional Guardian Registration, Professional Guardian Coursework and Competency Examination, Electronic Fingerprint Criminal History Record Check
DEPARTMENT OF ELDER AFFAIRS
Statewide Public Guardianship OfficeRULE NO: RULE TITLE
58M-2.001: Professional Guardian Registration
58M-2.003: Professional Guardian Coursework and Competency Examination
58M-2.007: Electronic Fingerprint Criminal History Record CheckNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 40, October 5, 2007 issue of the Florida Administrative Weekly.
58M-2.001 Professional Guardian Registration.
(1) Persons who are required to register with Department of Elder Affairs’ Statewide Public Guardianship Office (SPGO) as a professional guardian must complete the Professional Guardian Registration Form, DOEA/SPGO Form 001, ________, 2007 which is incorporated herein by reference and may be obtained from the Statewide Public Guardianship Office, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000 or at http://elderaffairs.state. fl.us/english/public.html. The Professional Guardian Employee Registration Form, DOEA/SPGO Form 002, ________, 2007 which is incorporated herein by reference and may be obtained from SPGO or at http://elderaffairs.state.fl.us/english/public.html must also be completed and submitted for all Professional Guardian Employees,
(2) through (3) No change.
(4) The following items must either accompany the registration form or must be on file with SPGO, for the registration to be deemed complete:
(a) A complete credit report, including all pages, from a nationally recognized credit agency. A nationally recognized credit agency shall mean a credit agency that obtains credit information both within and outside the State of Florida; validates, updates, and maintains the accuracy of credit information obtained. The report must reflect the financial responsibility of the registrant and provide full, accurate, current, and complete information regarding payment history and credit rating. Credit history report for guardians as specified in Section 744.3135, F.S.;
(b) through (c) No change.
(5) For the initial registration, the applicant must submit proof of completion of the required training, as well as, proof of competency by evidence of satisfactory completion of a Department of Elder Affairs approved examination unless waived in accordance with Section 744.1085(8), F.S. For annual renewals, proof of receipt of the minimum continuing education requirements must be submitted, if not on file.
(6) No change.
(7)(a) The registration period begins the day the registration is approved by SPGO and ends on the registrant’s bond anniversary date. For multi year bonds, the annual registration expiration date will be determined by the day and month that the bond expires.
(b) SPGO will may prorate the registration fee up to 50% for initial registrants whose bond will expire in less than 6 months.
(8) Annual Renewals: A completed DOEA/SPGO Form 001 for annual renewal of a registration shall be submitted to SPGO at least 30 days prior to the expiration date of the current registration to ensure that a lapse in registration does not occur. Annual registration for attorneys registered as professional guardians are due January 1st of each year. If the renewal form is not received 30 days prior to expiration, Rregistrants may request expedited processing for an additional fee. A schedule of those expedited fees is provided on DOEA/SPGO Form 001. All fees must be received with the completed registration form prior to the registration being processed by SPGO.
(9) No change.
Specific Authority 744.1083(6) FS. Law Implemented 744.102(17)(16), 744.1083, 744.1085, 744.3135 FS. History–New 5-4-03, Amended 12-12-05,________.
58M-2.003 Professional Guardian Coursework and Competency Examination.
(1) The minimum hours of instruction and training is set out in Section 744.1085(3), F.S. The initial 40 hours of education and training must be approved by SPGO prior to an applicant taking a course. Information about the approved professional guardian coursework and competency examination may be obtained from the Statewide Public Guardianship Office or online at http://elderaffairs.state.fl.us/english/public.html.
(2) Completion of the required professional guardian instruction and training course is a mandatory requirement in order for the registrant to be eligible to take the competency examination. The exam will be administered by the approved contractor. The contractor will set the examination fee, which cannot by law exceed $500. The examination may be waived in accordance with the criteria in Section 744.1085(8), F.S.
(3) The exam is comprised of two parts: 1) national guardianship ethics and practices, and 2) Florida law and procedure. Registrants must score a minimum of 75% on both parts on the Professional Guardian Competency Examination or must receive a waiver from SPGO prior to the registration.
(4) No change.
(5) Professional guardians must complete continuing education credits as outlined in Section 744.1085(3), F.S. The SPGO must approve the coursework for all continuing education classes prior to attendance. Proof of completion of the required continuing education hours shall be submitted with the annual renewal registration.
Specific Authority 744.1083(6), 744.1085(3)(a)-(c), (6)(b), (7),(8) FS. Law Implemented 744.102(17)(16), 744.1083, 744.1085, 744.3135 FS. History–New 12-12-05, Amended________.
58M-2.007 Electronic Fingerprint Criminal History Record Check.
Per Section 744.3135(3)(a), F.S., a professional guardian and their fiduciary employees may use electronic fingerprinting methods. Registrants must use an approved SPGO provider. A list of providers for electronic fingerprinting will be maintained by SPGO. If completing a criminal history record check by electronic fingerprinting, registrants must use a provider on the list maintained by SPGO. This list may be obtained from the Statewide Public Guardianship Office or at http://elderaffairs.state.fl.us/english/public.html.
Specific Authority 744.3135 FS. Law Implemented 744.3135 FS. History–New________.
