The purpose of the proposed rule amendments is to revise terminology; delete obsolete language; add a new rule for electronic fingerprint criminal history record check; update the registration form and add a new form for renewal registration.

DEPARTMENT OF ELDER AFFAIRS
Statewide Public Guardianship Office

RULE 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 Check
PURPOSE AND EFFECT: The purpose of the proposed rule amendments is to revise terminology; delete obsolete language; add a new rule for electronic fingerprint criminal history record check; update the registration form and add a new form for renewal registration.
SUBJECT AREA TO BE ADDRESSED: Professional Guardian Registration, including updating the registration form and introducing a new form for renewal registrations; Professional Guardian coursework and competency examination; and electronic fingerprint criminal history record checks.
SPECIFIC AUTHORITY: 744.1083(6), 744.102(16), 744.1085, 744.3135 FS.
LAW IMPLEMENTED: 744.102(16), 744.1083, 744.1085, 744.3135 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: September 26, 2007, 9:00 a.m. – 12:00 Noon
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 225F, Tallahassee, Florida 32399-7000
IF NOT REQUESTED IN WRITING, THE WORKSHOP WILL NOT BE HELD.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 72 hours before the workshop/meeting by contacting: Abbie Messer, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000; Telephone Number: [phone], SunCom 994-2000; Email address: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Abbie Messer, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000; Telephone Number: [phone], SunCom 994-2000; Email address: [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

58M-2.001 Professional Guardian Registration.

(1) A person serving as a guardian in the State of Florida must be registered as a professional guardian prior to submitting an application for appointment as guardian to a Florida court for the guardian’s third case involving monetary compensation for services rendered to a ward.

(1)(2) Persons who are An applicant 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, with all requested information. The Professional Guardian Registration Form, DOEA/SPGO Form 001, effective ______, 2007 July 2005, which is incorporated herein by reference and may can 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, July______, 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)(3) The Professional Guardian rRegistration fForm shall be signed by the registrant applicant (or corporate officer if the registrant applicant is a corporation).

(3)(4) The completed registration form shall be filed with the Statewide Public Guardianship Office, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, by hand-delivery or mail. No Ffacsimile submissions will not be accepted.

(4)(5) The following items must either accompany the registration form or must be on file with SPGO, for the registration application to be deemed complete:

(a) Credit history report for guardians as specified in Section 744.3135, F.S.;

(b) Criminal history record for guardians as specified in Section 744.3135, F.S.;

(c) Documentation of bonding as required under specified in Section 744.1085, F.S.;

(5)(d) 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 a copy of the certificate of attendance for the required professional guardian instruction and training. Thereafter, copies of certificates of attendance for continuing education unit requirements; For annual renewals, proof of receipt of the minimum continuing education requirements must be submitted, if not on file.

(6)(e) A registration fee of thirty-five twenty-five dollars ($325) for each professional guardian in the form of a personal check, money order, or cashier’s check made payable to the Statewide Public Guardianship Office must be submitted with the registration form.

(6) An applicant required to register with SPGO as a professional guardian must submit the Professional Guardian Registration Form to SPGO with the registration fee annually.

(7)(a) The registration period begins the day the registration application 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 may prorate the registration fee up to by 50% registration fees for initial registrants whose bond registrations that will expire in less than 6 months.

(8)(c) Annual Renewals: A completed DOEA/SPGO Form 001 for annual renewal of a registration An applicant shall be submitted annual registration materials to SPGO at least no later than 30 days prior to the expiration date of the current registration applicant’s bond anniversary date to ensure that a lapse in continued registration does not occur. If the renewal form is not received 30 days prior to expiration, registrants may request expedited processing for an additional fee. All fees must be received with the completed registration form prior to the registration being processed by SPGO.

(7) SPGO will issue the annual registration license to the applicant upon approval.

(9)(8) If a professional guardian hires an employee with assigned fiduciary responsibilities during the professional guardian’s registration period, then the professional guardian shall submit an amended DOEA/SPGO Form 001 that includes the new employee information to SPGO for approval prior to the employee assuming any fiduciary responsibilities.

Specific Authority 744.1083(6) FS. Law Implemented 744.102(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) Information about the professional guardian coursework and competency examination may be obtained from the Statewide Public Guardianship Office, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000 or online at http://elderaffairs.state.fl.us.

(2) Completion of the required professional guardian instruction and training course is a mandatory requirement in order for the registrant applicant to be eligible to take the competency examination.

(3) Registrants must score a minimum of 75% correct response on both sections of the Professional Guardian Competency Examination or must receive a waiver from SPGO prior to the registration. The applicant must achieve a score of 75% or better on the Professional Guardian Competency Examination.

(4) If the registrant applicant fails to successfully complete either portion of the Professional Guardian Competency Examination in three (3) attempts, then the registrant shall be applicant is required to re-take the professional guardian instruction and training course prior to being eligible to before sitting again for the competency examination again.

Specific Authority 744.1083(6), 744.1085(6)(b) FS. Law Implemented 744.102(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), F.S., a professional guardian and their fiduciary employees may use electronic fingerprinting methods. Registrants must use an approved SPGO provider. A list of approved providers of electronic fingerprinting will be maintained by SPGO. This list will include the fee charged by each provider and if the provider requires an appointment or prepayment. 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_________.