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FL H0441

Bill

Status

Passed

6/9/2021

Primary Sponsor

Judiciary Committee

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • Creates s. 44.407, F.S., establishing an "eldercaring coordination" process in which a court-appointed eldercaring coordinator assists elders (persons 60+), their families, and legally authorized decisionmakers in resolving nonadversarial disputes related to the elder's care and safety, including guardianship, incapacity, injunction, and exploitation proceedings.

  • Eldercaring coordinator appointments last up to 2 years with intermittent court review hearings; courts may not refer parties with a history of domestic violence or elder exploitation without the consent of the elder and all other parties, and must order safeguards if such a referral proceeds.

  • Requires eldercaring coordinators to hold specified professional licenses or certifications (e.g., mental health professional, attorney, physician, psychologist, or family mediator), complete at least 44 hours of specialized training certified by the Florida Supreme Court, have 3 years of post-licensure practice, and pass a Level 2 background screening.

  • All eldercaring coordination communications are confidential and privileged, with enumerated exceptions including mandatory reports of child or elder abuse/neglect, protection from future violence, criminal activity, and party compliance with court orders; knowingly violating confidentiality subjects a party to equitable relief, compensatory damages, and attorney fees.

  • Requires the Florida Supreme Court to establish minimum standards for qualification, ethical conduct, discipline, and training of eldercaring coordinators; grants court-appointed coordinators immunity from civil liability unless they acted in bad faith, with malicious purpose, or with wanton and willful disregard for parties' rights. Effective July 1, 2021.

Legislative Description

Elder-focused Dispute Resolution Process

Last Action

Chapter No. 2021-67

6/9/2021

Committee Referrals

Appropriations4/21/2021
Judiciary3/30/2021
Children, Families and Seniors Subcommittee3/22/2021
Civil Justice and Property Rights Subcommittee2/8/2021

Full Bill Text

No bill text available