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FL H1431

Bill

Status

Failed

4/30/2010

Primary Sponsor

Elaine Schwartz

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Redesignates Part II of Chapter 744, Florida Statutes as "Venue and Jurisdiction" and creates nine new sections establishing multi-state guardianship procedures modeled on the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

  • Establishes jurisdiction standards prioritizing the alleged incapacitated person's "home state" (where they resided for 6+ consecutive months before petition filing), with Florida courts able to exercise jurisdiction only if it is the home state, another state declines, or no home state exists.

  • Requires courts to communicate and cooperate with courts in other states, including conducting evidentiary hearings, ordering evaluations, and sharing transcripts and records to facilitate guardianship proceedings in the most appropriate jurisdiction.

  • Allows Florida courts to decline jurisdiction if another state is a more appropriate forum and requires assessment of costs, attorney's fees, and expenses against parties who engaged in unjustifiable conduct to obtain jurisdiction.

  • Amends petition requirements for determining incapacity to include the alleged incapacitated person's residential addresses for the prior 6 months, disclosure of other pending or prior capacity proceedings in any state, and a prohibition on including confidential or private information; requires interested persons to continuously inform the court of related proceedings in other states.

Legislative Description

Adult Guardianship

Last Action

Died in Committee on Criminal & Civil Justice Appropriations (CGHC)

4/30/2010

Committee Referrals

Criminal & Civil Justice Appropriations3/22/2010
Civil Justice & Courts Policy3/10/2010

Full Bill Text

No bill text available