Ordinance 2001-006 ORDINANCE NO. 2001 06
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92-
102 WHICH CREATED THE COLLIER COUNTY PUBLIC GUARDIANSHIP
PROGRAM; PROVIDING FOR AMENDMENT TO SECTION THREE,
PLACING PROGRAM UNDER AUSPICES OF STATEWIDE PUBLIC
GUARDIANSHIP OFFICE; SECTIONS FOUR AND FIVE, PROVIDING FOR
APPOINTMENTS TO THE OFFICE; SECTION SIX, INCREASING THE
AMOUNT OF FUNDING FOR THE OFFICE, ADDING NEW SECTIONS SIX,
DUTIES AND POWERS; SECTION SEVEN, PREPARATION OF THE
BUDGET; SECTION EIGHT, PROCEDURES AND RULES; SECTION NINE,
COSTS OF PUBLIC GUARDIAN; SECTION TEN, NECESSARY REPORTS;
SECTION ELEVEN, ACCESS TO RECORDS; SECTION TWELVE, SURETY
BOND; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 22, 1992, the Board of County Commissioners
adopted County Ordinance No. 92-102 creating the Collier County Public
Guardianship Program; and
WHEREAS, on April 22, 1997, the Board of County Commissioners adopted
Ordinance No. 97-18 amending certain sections of this ordinance; and
WHEREAS, the Board of County Commissioners desires to amend this
Ordinance to bring it into conformity with Florida Statutes Section 744.701
through Section 744.709 and to increase filing and service fees to fund the
public guardian.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Authority.
This ordinance is created pursuant to the provisions of Section 28.241,
Florida Statutes, wherein the County is authorized to impose by ordinance, a fee
of up to $15.00 for each civil action filed for payment of the costs associated
with public guardianships. Further, this section is enacted to incorporate the
provisions of Chapter 744, Part IX, Florida Statutes.
SECTION TWO. Purpose And Intent.
It shall be the purpose of this ordinance to establish a Collier County office
of public guardian for the purpose of providing guardianship services for
incapacitated persons when no private guardian is available for those persons
whose needs cannot be met through less drastic means of intervention and to
create a Collier County Public Guardianship Program.
SECTION THREE. Collier County Public Guardianship Program.
The Collier County Public Guardianship Program is hereby amended to
place it under the authority, supervision and oversight of the Statewide Public
Guardianship Office within the Florida Department of Elderly Affairs.
SECTION FOUR. Appointments To The Collier County Public
Guardianship Program.
I1) The executive director of the Statewide Public Guardianship Office,
after consultation with the chief judge and other circuit judges within the judicial
circuit and with appropriate advocacy groups and individuals and
organizations who are knowledgeable about the needs of incapacitated
persons shall create a list of persons best qualified to serve as the public
guardian, and such qualifications shall include review pursuant to Section
744.3135, Florida Statutes. The public guardian must have knowledge of the
legal process and knowledge of social services available to meet the needs to
incapacitated persons. A nonprofit corporation under Section 744.30015) may
be appointed public guardian only if:
la) It has been granted tax-exempt status from the United States
Internal Revenue Service; and
(b) It maintains a staff of professionally qualified individuals to carry out
the guardianship functions, including a staff attorney who has experience in
probate areas and another person who has a master's degree in social work, or
a gerontologist, psychologist, registered nurse, or nurse practitioner.
(2) The executive director shall appoint or contract with a public guardian
from the list of candidates described in subsection (1). A public guardian must
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meet the qualifications for a guardian as prescribed in Section 744.309(1)(a),
Florida Slatutes. Upon appointment of the public guardian, the executive
director shall notify the chief judge of the judicial circuit and the Chief Justice of
the Supreme Court of Florida, in writing, of the appointment.
(3) If the needs of the county or circuit do not require a full-time public
guardian, a part-time public guardian may be appointed at reduced
compensation.
(4) A public guardian, whether full-time or part-time, may not hold any
position that would create a conflict of interest.
(5) The public guardian is to be appointed for a term of 4 years, after
which her or his appointment must be reviewed by the executive director, and
may be reappointed for a term of up to 4 years. The executive director may
suspend a public guardian with or without the request of the chief judge. If a
public guardian is suspended, the executive director shall appoint an acting
public guardian as soon as possible to serve until such time as a permanent
replacement is selected. A public guardian may be removed from office during
the term of office only by the executive director who must consult with the chief
judge prior to said removal. A recommendation of removal made by the chief
judge must be considered by the executive director.
(6) Public guardians who have been previously appointed by a chief
judge prior to the effective date of this act pursuant to this section may continue
in their positions until the expiration of their term pursuant to their agreement.
However, oversight of all public guardians shall be transferred to the Statewide
Public Guardianship Office. The executive director of the Statewide Public
Guardianship Office shall be responsible for all future appointments of public
guardians pursuant to Chapter 744, Florida Statutes.
SECTION FIVE. Duties And Responsibilities Of The Collier County
Public Guardian.
The duties and responsibilities of the Collier County Public Guardian shall
include, but shall not be limited to:
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(1) Identifying the recipients of the services for public guardianship;
(2) Reviewing eligibility of recipients and determining if the recipients
are eligible for the public guardianship program;
(3) Procuring necessary services;
(4) Preparing and administering the budget for the public guardianship
program under the direct supervision of the executive director of
the Statewide Public guardianship Office.
(5) Receiving references and referrals regarding recipients for services
of the public guardianship program through the Court system;
(6) Compiling all data for the Collier County Public Guardianship
Program as required by Chapter 744.708 Florida Statutes, and
providing all required data to the Office of the Statewide Public
Guardianship Office.
All placements of service recipients under the Collier County Public
Guardianship Program shall be by court order.
SECTION SIX. Duties and Powers of the Collier County Public Guardian
(1) The public guardian shall be vested with all the powers and duties
of a guardian under Chapter 744, Florida Statutes, except as otherwise provided
by law.
(2) If the public guardian finds that the assets or the income of the
ward exceeds the amounts set forth in paragraph (1)(b) of Chapter 744, Florida
Statutes, the public guardian shall submit a resignation and petition the court for
appointment of a successor guardian. The public guardian shall not be
dismissed until such time that a private guardian is appointed. If a qualified
successor guardian is not available, the public guardian may remain as
guardian, provided the guardian makes reasonable efforts 1o find a successor
and reports to the court every 6 months on efforts to obtain a successor.
(3) The public guardian shall be authorized to employ sufficient staff to
carry out the dulies of his or her office.
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(4) The publJc 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.
(5) 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.
(6) A public guardian shall not commit a ward to a mental health
treatment facJlity, as definecl in Section 394.455(3) Florida Statutes, without an
involuntary placement proceeding as provJdecl by law.
(7) 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.
(8) When the position of public guardian is vacant, subordinate
personnel employed under subsection (4) above, shall continue to act as if the
position of public guardian were filled.
SECTION SEVEN. 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 Statewide Public Guardianship
Office. The office of public guardian shall be operated within the limitations of
the General Appropriations Act and any other funds appropriated by the
Legislature, subject to the provisions of Chapter 216, Florida Statutes. However,
this section shall not preclude from the financing of any operations of the office
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of the public guardian by moneys raised through local effort or through the
efforts of the Statewide Public Guardianship Office.
SECTION EIGHT. Procedures And Rules.
The public guardian, subject to the oversight of the Statewide Public
Guardianship Office, 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.
SECTION NINE. Costs Of Public Guardian.
(1) All costs of administration, including filing fees, 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, except as provided by law.
(2) In any proceeding for appointment of a public guardian, or 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 may waive any court costs or filing fees.
SECTION TEN. Reports And Standards.
I1) 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 Statewide Public Guardianship Office 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 lhe court for placement in the
ward's guardianship file and to the executive director of the Statewide Public
Guardianship Office 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) An independent audit by a qualified certified public accountant
shall be performed at least every 2 years. The audit should include an
investigation into the practices of the office for managing the person and
property of the wards. A copy of the report shall be submitted to the Statewide
Public Guardianship Office. In addition, the office of public guardian shall be
subject to audits by the Auditor General pursuant to Section 11.45 Florida
Statutes.
(6) The public guardian shall ensure that each ward is seen by a
professional staff person at least four times a year.
(7) The ratio for professional staff to wards shall be 1 professional to 40
wards. The Statewide Public Guardianship Office may increase or decrease the
ratio after consultation with the local public guardian and the chief judge of the
circuit court. The basis of the decision to increase or decrease-the prescribed
ratio shall be reported in the annual report to the Governor, the President of the
Senate, the Speaker of the House of Representatives, and the Chief Justice of
lhe Supreme Court.
(8) The term "professional," for purposes of this part, shall not include
the public guardian nor the executive director of the Statewide Public
Guardianship Office. The term "professional" shall be limited to those persons
who exercise direct supervision of individual wards under the direction of the
public guardian.
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SECTION ELEVEN. Access To Records By Statewide Public
Guardianship Office; Confidentiality.
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, which are necessary to evaluate the public guardianship system, to
assess the need for additional public guardianship, or to develop required
reports, shall be provided to the Statewide Public Guardianship Office upon that
office's request. Any confidential or exempt information provided to the
Statewide Public Guardianship Office shall continue to be held confidential or
exempt as otherwise provided by law.
Guardianship Office relating to the
All records held by the Statewide Public
medical, financial, or mental health of
vulnerable citizens who are elderly persons or disabled 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 Section 119.07(1) and Section 24(a), Art. I of the State
Constitution.
SECTION TWELVE. Surety Bond.
Upon taking office, a public guardian shall file a bond with surety as
prescribed in Section 45.01 i, Florida Statutes, 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.
SECTION THIRTEEN. Funding For The Collier County Public Guardianship
Program.
The Collier County Public Guardianship Program shall be funded by
imposing a fee of Fifteen Dollars ($15.00) to be assessed for each civil action
filed in Collier County, excluding small claims cases. In the event funding from
the State of Florida or other alternative funding sources are insufficient to meet
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the needs of Collier County residents who qualify for the services of the Public
Guardian, the balance of funding needed shall be allocated from the County
General fund each fiscal year.
A trust fund to be known as the
Program Trust Fund" shall be established.
"Collier County Public Guardianship
Said fund shall be administered by the
Judge designated by the Chief Administrative Judge and shall be used to pay
for services rendered for providing public guardianship services for only Collier
County cases. The Clerk of Courts of Collier County, Florida, may collect an
additional service charge on each civil case filed, as permitted by law,
excluding small claims cases, in Collier County, Florida. Said additional service
charge shall be deposited in the Collier County Public Guardianship Program
Trust Fund. All unexpended funds in the Collier County Public Guardianship
Program Trust Fund at the end of each fiscal year shall be carried forward in the
Collier County Public Guardianship Program Trust Fund to the next successive
fiscal year and expended exclusively for the public guardianship program as set
forth in this ordinance.
SECTION FOURTEEN. Conflict And Severability.
In the event this Ordinance conflicts with any other ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or
portion of the ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIFTEEN. Effective Date.
This Ordinance shall become effective upon filing with the Department of
State.
SECTION SIXTEEN. Inclusion In The Code Of Laws And Ordinances.
The provisions of this Ordinance shall become and be made a part of the
Code of Laws and Ordinances of Collier County, Florida. The sections of the
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Ordinance may be renumbered or relettered to accomplish such, and the work
"ordinance" may be changed to "section", "article", or any other appropriate
word.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, thisc¢¢,~;C day of.,.~~
2001.
ATTEST:
-.' .... t~WIG'HT E. BROCK, Clerk
'Attest as to
Approved as to form and
Legal sufficiency:
J~~cq~ ine Hu~bbard-Robinson
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES ARTER, PH.D., tAN
This ordinance filed with the
Secretary of S. tgte s Off,ce ti e
~dayof ~~ ~*~I
and acknowledgement of that
filing received this ~ ~y
~ c~ ~
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2001-06
Which was adopted by the Board of County Commissioners on
the 27th day of February, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st day
of March, 2001.
Clerk of Courts and
Ex officio to Board
County Commissiohers
Deputy Clerk