PURPOSE AND EFFECT: Rulemaking is necessary to amend the definition of “employee with fiduciary responsibility,” and to add the definition of “adverse background screening history information.” To update the registration ....

 

DEPARTMENT OF ELDER AFFAIRS

Office of Public and Professional Guardians

RULE NOS.:RULE TITLES:

58M-2.001Professional Guardian Registration and Credit Investigation

58M-2.003Professional Guardian Coursework and Competency Examination

58M-2.005Confidentiality (Repealed)

58M-2.007Electronic Fingerprint Criminal History Record Check

58M-2.009Standards of Practice

58M-2.011Disciplinary Action and Guidelines

PURPOSE AND EFFECT: PURPOSE AND EFFECT: Rulemaking is necessary to amend the definition of “employee with fiduciary responsibility,” and to add the definition of “adverse background screening history information.” To update the registration process; the Professional Guardian Registration Form, DOEA/OPPG Form 001 and Professional Guardian Employee Registration Form, DOEA/OPPG Form 002; the professional guardian coursework and competency examination process including required courses; the electronic and fingerprint criminal history record check and requirements; standards of practice; disciplinary action and guidelines; and sunset provisions. To add language regarding required monitoring documentation or forms; and to establish and clarify complaint procedures in Rule 58M-2.010; and to address scrivener’s errors.

SUBJECT AREA TO BE ADDRESSED: Guardianships

RULEMAKING AUTHORITY: 744.2004, 744.20041, F.S.

LAW IMPLEMENTED: 744.2002, 744.2004, and 744.20041, F.S.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: March 13, 2023, 9:00 a.m. – 1:00 p.m.

PLACE: First District Court of Appeal, 2000 Drayton Drive, Tallahassee, Florida 32399-0950

REMOTE ACCESS:

Join Zoom Meeting: https://us02web.zoom.us/j/89095027629?pwd=TVhJWlY4RVJYRFlpSlZPdHhyS2lhUT09

Meeting ID: 890 9502 7629, Passcode: 591085

Or Call-in: [phone] or [phone]

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 5 days before the workshop/meeting by contacting: DeErica Culver, DOEA Agency Clerk, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, Tel: [phone], Email: [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: DeErica Culver, DOEA Agency Clerk at [e-mail].

Public comments may also be submitted to email address above.

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.